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Criminal Law: Chapter 14 (Attempts)
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  • What is an attempt?

    An act done with intent to commit an offence, more than merely preparatory (Criminal Attempts Act 1981 s.1(1)).

    law attempts

  • What is the purpose of attempt liability?

    To punish those who show clear criminal intent but fail to complete the offence.

    law liability

  • What are the elements of an attempt?

    • Actus reus: More than merely preparatory act.
    • Mens rea: Intention to commit the full offence.
    law elements

  • What does more than merely preparatory mean?

    The defendant must have embarked on the crime proper, not just prepared for it (R v Gullefer [1990]).

    law preparatory

  • How did R v Gullefer define the test?

    The act must show the defendant moved from preparation to execution.

    law test

  • How did R v Geddes clarify the attempt?

    The defendant must be actually trying to commit the offence, not just in a position to do so.

    law geddes

  • What about R v Jones (1990)?

    Producing a gun, pointing it at the victim, and removing the safety catch was more than preparatory.

    law jones

  • What did R v Tosti (1997) establish?

    Examining a lock with cutting equipment nearby was more than preparatory — immediate steps toward the crime.

    law tosti

  • Is impossibility a defence?

    No — a person can be guilty even if the commission is factually or legally impossible (R v Shivpuri [1987]).

    law impossibility

  • What mens rea is required for an attempt?

    Intention to commit the full offence; recklessness is insufficient unless permitted by the completed offence (R v Khan [1990]).

    law mens_rea

  • For attempted murder, what must be proved?

    Intention to kill, not merely to cause GBH (R v Whybrow [1951]).

    law murder

  • What is factual impossibility?

    When it is impossible to complete the offence due to a factual error (e.g. stealing from an empty pocket). Still liable (R v Shivpuri [1987]).

    law factual_impossibility

  • What is legal impossibility?

    When the intended act is not an offence at all — not punishable (Anderton v Ryan [1985]).

    law legal_impossibility

  • Can withdrawal be a defence?

    Yes, if the defendant voluntarily and completely withdraws before the actus reus is complete (R v Taylor [1859]).

    law withdrawal

  • Can there be an attempt to commit summary offences?

    Generally no — only indictable or either-way offences qualify (s.1(4) CAA 1981).

    law summary_offences

  • Can there be an attempt to commit manslaughter or negligence offences?

    No — these require lack of intent.

    law manslaughter

  • What about attempts to commit strict liability offences?

    Only if the offence itself allows for mens rea in the act of attempt.

    law strict_liability

  • What is the summary of attempts and impossibility?

    • Factual impossibility: Guilty (e.g., picking empty pocket)
    • Legal impossibility: Not guilty (doing something not illegal).
    law summary

  • What is meant by more than merely preparatory in crime?

    Embarking on the crime proper.

    law crime

  • What is factual impossibility in criminal law?

    Offence impossible due to facts.

    law crime

  • What is legal impossibility in criminal law?

    Intended act not an offence.

    law crime