Attempts

• Define 'attempt':

  Defined in s1(1) Criminal Attempts Act 1981:

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

  AR = Doing an act which is "more than merely preparatory"

  MR = Intent to commit an offence.
• AR - "More than merely preparatory"

  A matter for the jury to decide.

  Mere Preparation:

  • (Gullefer) - Jumping on track to stop race to get his bet stake back - not attempt - merely preparation for theft.
  • (Campbell) - Not attempt when D caught with fake gun near post office - said he intended robbery but changed mind.

  Actual attempt:

  • (Tosti) - Took cutting device, hid behind hedge and inspected house lock - did not damage lock but still attempted burglary.
  • (Jones) - D pointed gun at V - V threw gun out window - attempted murder.
• Attempts to do the impossible

  s1(2) Criminal Attempts Act 1981 - "A person may be guilty of attempting to commit an offence even if the facts are such that the commission of the offence is impossible."

  s1(3) - if any case where -

  1. Apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
  2. If the facts of the case had been as he believed them to be, his intention would be so regarded as having intent to commit that offence.

  (Anderton) - impossibility could be defence.

  (Shivpuri) - HoL said Anderton case was a mistake.
• MR - "Intent to commit an offence"

  Intent to commit an offence and only intent will suffice.

  (Easom) - If intent cannot be found, you cannot be guilty of attempt.

  (Whybrow) - For att. murder, there is higher level of intent than original offence - intent to kill required.

  If RECKLESSNESS is sufficient for the principal offence, it is not enough for attempt. INTENT must be found for attempt (Millard)

  Recklessness to PART of the offence could be sufficient (AGs Ref. No. 3 of 1992).

  (Pace) - CoA criticised decision AGs Ref. - must be intent to commit all requirements of the offence.