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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)).
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What is the purpose of attempt liability?
To punish those who show clear criminal intent but fail to complete the offence.
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What are the elements of an attempt?
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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]).
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How did R v Gullefer define the test?
The act must show the defendant moved from preparation to execution.
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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.
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What about R v Jones (1990)?
Producing a gun, pointing it at the victim, and removing the safety catch was more than preparatory.
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What did R v Tosti (1997) establish?
Examining a lock with cutting equipment nearby was more than preparatory — immediate steps toward the crime.
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Is impossibility a defence?
No — a person can be guilty even if the commission is factually or legally impossible (R v Shivpuri [1987]).
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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]).
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For attempted murder, what must be proved?
Intention to kill, not merely to cause GBH (R v Whybrow [1951]).
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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]).
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What is legal impossibility?
When the intended act is not an offence at all — not punishable (Anderton v Ryan [1985]).
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Can withdrawal be a defence?
Yes, if the defendant voluntarily and completely withdraws before the actus reus is complete (R v Taylor [1859]).
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Can there be an attempt to commit summary offences?
Generally no — only indictable or either-way offences qualify (s.1(4) CAA 1981).
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Can there be an attempt to commit manslaughter or negligence offences?
No — these require lack of intent.
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What about attempts to commit strict liability offences?
Only if the offence itself allows for mens rea in the act of attempt.
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What is the summary of attempts and impossibility?
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What is meant by more than merely preparatory in crime?
Embarking on the crime proper.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is factual impossibility in criminal law?
Offence impossible due to facts.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is legal impossibility in criminal law?
Intended act not an offence.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is an attempt?
An act done with intent to commit an offence, more than merely preparatory (Criminal Attempts Act 1981 s.1(1)).
What is the purpose of attempt liability?
To punish those who show clear criminal intent but fail to complete the offence.
What are the elements of an attempt?
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]).
How did R v Gullefer define the test?
The act must show the defendant moved from preparation to execution.
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.
What about R v Jones (1990)?
Producing a gun, pointing it at the victim, and removing the safety catch was more than preparatory.
What did R v Tosti (1997) establish?
Examining a lock with cutting equipment nearby was more than preparatory — immediate steps toward the crime.
Is impossibility a defence?
No — a person can be guilty even if the commission is factually or legally impossible (R v Shivpuri [1987]).
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]).
For attempted murder, what must be proved?
Intention to kill, not merely to cause GBH (R v Whybrow [1951]).
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]).
What is legal impossibility?
When the intended act is not an offence at all — not punishable (Anderton v Ryan [1985]).
Can withdrawal be a defence?
Yes, if the defendant voluntarily and completely withdraws before the actus reus is complete (R v Taylor [1859]).
Can there be an attempt to commit summary offences?
Generally no — only indictable or either-way offences qualify (s.1(4) CAA 1981).
Can there be an attempt to commit manslaughter or negligence offences?
No — these require lack of intent.
What about attempts to commit strict liability offences?
Only if the offence itself allows for mens rea in the act of attempt.
What is the summary of attempts and impossibility?
What is meant by more than merely preparatory in crime?
Embarking on the crime proper.
What is factual impossibility in criminal law?
Offence impossible due to facts.
What is legal impossibility in criminal law?
Intended act not an offence.
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