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Created by
Isobel Jackson
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Cards (16)
Attempt
A person tries to commit a
crime
but, for whatever reason,
fails
to complete it
A person can be
guilty
of attempted
murder
if they have the direct intention to kill
A person can be
guilty
of attempted
murder
even if they have a conditional intention</b>
Mens rea
The
intention
to complete the
offence
A person can be
guilty
of attempting the
impossible
Attempt
Where a person tries to
commit
a
crime
but, for
whatever
reason,
fails to complete
it
R v
White
- the D was found guilty of attempted murder as he tried to kill her but failed to do so
Actus reus
More than merely
preparatory
R v
Jones
- the CofA decided, at the point the D got into the car, he had gone beyond mere preparation
Mens rea
Direct intent for the principal offence
AG Ref
1979
-conditional intent
R v Millard and Vernon - the CofA quashed their criminal damage convictions as they had only been reckless and didnt intend criminal damage
Mens rea for any attempted offence
Intention to complete the offence
even if the mens rea of
the full offence
includes
recklessness
Criminal Attempt Act 1981
R v Taafe - the conviction for attempting the impossible was quashed as there is no such thing as an offence of importing foreign currency
R v
Shivpuri-
the D was found
guilty
of attempting the impoosible as the HofL agreed he had gone beyond mere
preparation