Attempts

• What is an attempt in legal terms?


  It is when a person tries to commit an offence but fails to complete it.
• What does the Criminal Attempts Act 1981 state about attempts?


  A person is guilty of attempting to commit an offence if they act with intent and their actions are more than merely preparatory.
• What are the two elements required to prove an attempt?


  More than merely preparatory act (AR) and intent to commit the full offence (MR).
• At what point do actions become 'more than merely preparatory'?


  When the defendant embarks on the crime proper.
• What is the significance of the Campbell (1990) case in relation to attempted robbery?


  • D's actions became 'more than merely preparatory' when he walked into the bank.
  • This case set a standard for determining when preparatory acts transition to an attempt.
• What was the outcome of the Guellefer (1987) case regarding attempted theft?


  D's conviction for attempting to steal was quashed because his actions were merely preparatory.
• Why did the Court of Appeal quash Geddes' conviction for attempted false imprisonment?


  He had not moved from planning to execution; he was merely in a position to commit the offence.
• What did the Court of Appeal clarify about the beginning of an attempt?


  • An attempt begins when merely preparatory acts have ended.
  • The defendant must embark on the crime proper.
• What was the ruling in the Boyle and Boyle (1987) case regarding attempted burglary?


  The conviction for attempted burglary was upheld because they were trying to gain entry.
• What was the outcome of the Jones (1990) case regarding attempted murder?


  D's conviction for attempted murder was upheld despite the safety catch being on the gun.
• What is the mens rea required for an attempt?


  The prosecution must prove that D had the intention for the full offence.
• What was the significance of the Easom (1971) case regarding attempted theft?


  D was not guilty of attempted theft because there was no evidence of intent to permanently deprive.
• What was the ruling in the Husseyn (1977) case regarding attempted theft?


  D's conviction was quashed because running away from police did not prove intent to steal.
• What does conditional intent mean in the context of attempts?


  • Conditional intent means intending to commit a crime only if certain conditions are met.
  • Under this, D can still be charged with an attempt even if the conditions are not fulfilled.
• Can recklessness be sufficient mens rea for an attempt?


  No, recklessness is not sufficient mens rea for an attempt.
• What was the outcome of the Millard and Vernon (1987) case regarding attempted criminal damage?


  Their conviction was quashed because recklessness was not sufficient for an attempt.
• What does the Attorney-General’s Reference (No.3 of 1992) state about intent and recklessness?


  D must intend to damage property but can be reckless regarding endangering life.
• What is the implication of attempting the impossible in law?


  A person can be guilty of an attempt even if the commission of the offence is impossible.
• What was the ruling in Anderton v Ryan (1985) regarding attempts?


  D's conviction was quashed because her acts were considered innocent.
• What was the significance of R v Shivpuri (1986) in relation to attempts?


  The House of Lords ruled that a person could be guilty of an attempt even if the offence was impossible.
• What are the strengths and weaknesses of the Criminal Attempts Act 1981?


  Strengths:

  • Addresses various scenarios of attempts.
  • Provides a framework for prosecution.

  
  

  Weaknesses:

  • Confusing for jurors.
  • Leaves loopholes regarding intent and preparation.
• What are the criticisms regarding the clarity of the law on attempts?


  The law is confusing for jurors, especially regarding the transition from preparatory acts to attempts.
• What is the public interest in convicting attempts?


  It is often in the public interest to convict individuals who are attempting to cause societal problems.