attempt offences

Cards (25)

  • what is the significance of section one of the criminal attempts act 1981?
    It defines what an attempt offence is
  • Which section of what legislation defines what an attempt offence is?
    section 1 of the criminal attempts act 1981
  • According to section one of the criminal offence act 1981?
    When the defendant does an act which is more than merely preparatory to the commission of the offence with the intention to commit the offence.
  • what is the actus reus of any attempt offence?
    The defendant is doing an act which is more than merely preparatory
  • What is the men's rea of attempt offences?
    The defendant has intention to commit the offence that they are attempting to do
  • what is the signififance of the attorney general's first reference of 1992?
    It shows how the defendant does not have to have performed the last act before the crime proper, nor do they need to have reached a point of no return.
  • which case shows how the defendant does not have to have performed the last act before the crime proper, nor do they need to have reached a point of no return?
    Attorney-General’s reference No 1 of 1992
  • what is the significance of the case of r v Gullefer?
    It shows that the D must have gone beyond acts of preparation and actually embarked on the crime proper
  • which case shows that the D must have gone beyond acts of preparation and actually embarked on the crime proper
    r v Gullefer
  • Which case gives the two questions to be asked to see if the defendant has done an act that is more than merely preparatory?
    r v Geddes
  • According to the case of r v Geddes, what two questions must be asked to see if the defendant has done an act that is more than merely preparatory?
    1. Has the D moved from planning to execution
    2. Has D done an act showing they were actually trying to commit the full offence
  • what is the significance of the case of r v boyle and boyle?
    It shows how breaking the lock and hinge of a door shows an attempted entry, and is an example of embarking on a crime proper.
  • what case shows how breaking the lock and hinge of a door shows an attempted entry, and is an example of embarking on a crime proper?
    r v Boyle and Boyle
  • WHat is the significance of the case of r v jones?
    It shows that pointing a gun at the victim directly is embarking on a crime proper.
  • which case shows that pointing a gun at the victim directly is embarking on a crime proper?
    R v Jones
  • what is the significance of the case of R. V. Easom?
    It shows that if It cant be proven that the defendant had the men's rea of the attempted offence, they cannot be found guilty
  • which case shows that if It cant be proven that the defendant had the men's rea of the attempted offence, they cannot be found guilty ?
    r v Easom
  • what is the significance of the case of r v whybrow?
    It shows that for an attempted murder case, only the intention to kill will be enough and intention to cause grievous bodily harm will not be enough
  • which case shows that for an attempted murder case, only the intention to kill will be enough and intention to cause grievous bodily harm will not be enough?
    r v Whybrow
  • what is the significance of the case of r v millard and vernon?
    It shows how recklessness is not enough for the men's rea aspect of an attempt offence to be satisfied.
  • what does section 1 ( 2 ) of the criminal attempts act 1981 say?
    A person may be guilty of an attempt to commit an offense even though the facts are such that the commission of the offense is Impossible.
  • which section of what legislation states that A person may be guilty of an attempt to commit an offense even though the facts are such that the commission of the offense is Impossible?
    Section 1 (2) of the criminal attempts act 1981
  • what is the significance of the case of r v Shivpuri?
    it shows how a person may be guilty of an attempt to commit an offense even though the facts are such that the commission of the offense is Impossible.
  • which case shows how a person may be guilty of an attempt to commit an offense even though the facts are such that the commission of the offense is Impossible?
    r v shivpuri
  • what is impossibility?
    where the D intends to commit an offence and does everything they can possibly do, to commit the offence, however, it is impossible to commit the offence.