Attempts

• S1(1) Criminal attempts act 1981

  D will be guilty of an attempt if 'with the intention of committing the offence, a person does an act which is more than merely preparatory to the commission of the offence'
• S4(1) CAA

  'The attempt is punishable to the same extent as the substantive offence'
• Elements

  Elements

  1. D commits an act which is more than merely preparatory
  2. With intent to commit the offence
• Must be more than merely preparatory

  Was not more- R v Gullefer

  Wasn more- AG's Ref
• Cases showing mere preparation

  R v Geddes

  R v
• Cases embarked upon the offence proper

  R v Boyle

  R v Jones

  R v Tosti
• MR

  S1(1) refers to D acting with 'intent to commit an offence

  The jury must decide this - R v Easom
• R v Millard and Vernon

  Recklessness does not amount to an attempt
• Attempted murder

  Express malice aforethought must be proven (direct intention) - R v Whybrow
• Criminal damage

  Is only exception to MR, recklessness can be accepted in these cases (AG's Ref)
• Impossibility

  S1(2), "a person may be guilty of an attempt to commit an offence to which the section applies every yhough the facts are such that the commission is impossible"
• Impossibility case

  R v Shivpuri