attemps

• Defined under s.1 of the Criminal Attempts Act 1981, the maximum sentence for an attempt is the same as for the main offence
• According to Criminal Attempts Act s.1(1), if a person, with intent to commit an offence, does an act that is more than merely preparatory to the offence, they are guilty of attempting to commit that offence
• Actus Reus (AR) for attempted crimes is an act that goes beyond mere preparation for the commission of the offence
• Mens Rea (MR) for attempted crimes requires the intent to commit the specific offence
• In the case of White, lacking factual causation for murder led to a conviction for attempted murder
• AR cases like Gullefer were not attempted crimes as the actions were only preparatory, not an actual attempt to steal
• Boyle and Boyle's case showed that damaging a door was considered attempting to burgle, as they had embarked on the crime proper
• In Campbell's case, having glasses and an imitation weapon was not considered an attempt to rob
• 1. G’s reference case highlighted that attempting rape required embarking on the crime proper
• Geddes' case illustrated that not completing the full offence meant it was not an attempted crime
• The court assesses if the individual has moved from planning to execution and if they are actively trying to commit the offence
• In Tosti's case, attempting to burgle was confirmed when he went beyond mere preparation, such as examining a padlock
• MR cases like Whybrow established that for attempted murder, the defendant must have the intent to kill, as intent to cause grievous bodily harm is not sufficient
• Conditional intent is when someone intends to do something if a certain condition is satisfied
• Attempting the impossible is still punishable, as seen in cases like Shivpuri, where attempting to deal drugs with a substance other than cocaine was still considered an attempt