Attempts

Question 1

s1 Criminal Attempts Act 1981

Answer 1

If, with intent to commit an offence to which this section applies, a person does - An act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.

Question 2

s1(1) Criminal attempts act 1981

Answer 2

whether the defendant has preformed an act which is ‘more than merely preparatory’ i.e an act that is more than simply preparation for the main crime.

Question 3

In the executory phase case example

Answer 3

Geddes (1996)

Question 4

Embarking on the crime proper, case example

Answer 4

Gullefer (1990)

Question 5

Trying to commit the crime, case where D has gone beyond mere preparation

Answer 5

R v Jones (1990), Pointed the gun at victim, therefore beyond mere preparation

Question 6

Cases where D has not gone beyond mere preperation

Answer 6

R v Campbell (1991), Not yet entered to post office, showing he had not gone beyond mere preparation

Question 7

Mens rea s1(1)

Answer 7

D must have intention to commit the crime

Question 8

Whybrow (1951)

Answer 8

A charge of murder, an intention to cause GBH would suffice, where attempted murder was alleged, nothing less than intention to kill will do.

Question 9

s1(2), s1(3)

Answer 9

It is possible to be guilty of attempting the impossible

Question 10

Legal impossibility, Taaffe (1984)

Answer 10

D’s attempt is impossible because, contrary to their belief, what they are attempting is not an offence known to law.

Question 11

Factual impossibility, Shivpuri

Answer 11

D’s attempt is factually impossible where what they attempt is a crime known to law, but the circumstances surrounding the attempt make it impossible to commit. However, you can still be found guilty is D believes they are carrying out the offence.