Attempted offence

• Introduction


  -R v white-example-poision but had heart attack

  -s1 of the 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 preporiatory to the commision of the offence the is guilty of attemptinf to commit the offences
• Actus Reus (guilty act)

  positive act-voluntary -hill v baxter
• More than merely preprint our

  -attorney generals reference (No 1 of 1992)(1993) and R v geddes

  -two questions considered

  1.has the accused moved from planning or preperation to exeration or impliment

  2.has the accised done an act showinf that he was actually trying to commit the full offence or has only got as far as getting ready/equipt

  -R v campbell-gun not real so no attempt

  -R v boyle and boyle

  -R v tosti

  -R v jones
• Mens rea


  -R v easam-prosecution cannot prove that the defendant had the inernion that he or she is not guilty of the offence

  -high intention level

  -intention to kill or GBH

  -attempted murder-intention to kill only

  -as shown in R v whybrow -conditional intent is not sufficient for attempted theft-husseyn
• issue of impossibility

  s1(2)CJA 1981"a person may be guilty of attempting to commit an offence even thought the facts are such that the commission of the offence is impossible."-bceause yes has intention to commit offence as confirmed in r v shivpuri-coincident rule satisified(mens rea and actus try's at same time as shown in R v church)