Attempts test WB 25th

• In what Act and which section is attempt defined?

  S.1 Criminal Attempts Act 1981
• What is the Actus Reus of attempt?

  An act which is more than merely preparatory to the commission of the offence
• What was the test established in Gullefer?

  An act which is more than merely preparatory
• How was this developed in Geddes?

  1. Was it mere preparation?
  2. Has D done an act showing that he was actually trying to commit the full offence or had he gone as far as getting ready or putting himself in the position?
• What is the Mens Rea of attempt?

  D must intend to commit the main offence
• Name the case: D was in the street outside a post office wearing dark glasses with an imitation weapon & threatening note in his pocket. He was planning to rob the post office.

  Campbell
• Was D liable for attempted robbery in Campbell?

  No, his acts were merely preparatory
• Name the case: Ds damaged door of the premises they were seeking entry to.

  Boyle & boyle
• Was D liable for attempted burglary in Boyle & Boyle?

  Yes as they had embarked on the crime proper
• In which case was D liable for an attempt as he had made contact with the barn he was attempting to burgle. (It was at the moment when he started to “examine” the padlock that he went beyond mere preparation.)?

  Tosti
• Can a person be guilty of attempting an offence even though the crime is impossible to commit?

  Yes
• Name the case: D received a suitcase which he thought contained prohibited drugs but was actually just harmless vegetable matter.

  Shivpuri