Attempts

• defined in s1 (1) of criminal attempts act 1981


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

  Indictable offences + conspiracy, aiding and abetting and assisted suicide
• actus reus 


  "D does an act which is more than merely preparatory to the commission of the offence"
• merely preparatory 


  R v Gullefer - jumped onto race track to stop dog race to recover bet. Still had steps before theft e.g. asking for money back so not guilty.

  CoA- attempt begins when "the merely preparatory acts end and D embarks on the crime proper"
• more than merely preparatory 


  R v Totsi - D intended to commit burglary, took metal cutting equipment with him and hid it behind hedges near premises. examined padlock, did not damage it, was disturbed and fled. Preparatory and part of crime itself so guilty
• attempted murder 


  need mens rea to be intent to kill, not cause gbh.

  R v Whybrow

  D connected soap dish to main electricity when attempting to kill wife. Suffered electric shock but didn't die.
• Mens Rea


  same intention to commit full offence

  R v Husseyn

  D and others seen loitering near back of van that contained aqua equipment. approached by police and ran, did not have intent to steal.

  A G rf 1 and 2 1979 - Ds were arrested in process of trying to steal non specific items from another's premises. CoA stated that if D had conditional intent they could be charged with intent to steal all items not just one. Husseyn and Easom would be guilty
• Recklessness

  R v Millard and Vernon - recklessness not usually enough to provide mens rea for attempt

  A G rf 3 1994 - necessary to intend to cause damage but reckless to endangering life.

  Only intent = mens rea
• impossibility 


  intends to commit offence but offence is impossible to commit

  R v White - poisoned mother with cyanide, but she had already died of natural causes
• impossibility (2)

  S1 (2+3) criminal attempts act 1981 "a person may be guilty of attempting to commit an offence even thought the facts are such that the commission of the offence is impossible"

  R v Shivpuri

  agreed to receive suitcase believing it contained illegal drugs - convicted of knowingly concerned with prohibited drugs

  overruled in Anderton v Ryan
• R v Geddes 


  1. has the accused moved from preparatory to execution?
  2. has the accused done an act showing an attempt?