Attempts

Cards (6)

  • under s1(1) of the criminal attempts act, it is stated that if in attempt to commit and offence a person does an act which is more than merely prepatory to the offence, the D will be found guilty
  • The first element of the AR is 'more than merely preparatory' according to AG's ref, the D need not complete the act, nor reach a point of no return to be found guilty
  • In R V Campbell, the imitation gun and standing outside was not enough as 'merely preparation' if the D had actually entered, would be liable
  • in R V Gulffer it was stated to be guilty the D should be embarked on the crime proper
  • The MR is that the D must have some intent as would be required for the full offence as in R V Easom - man rummaged through bag but didn't actually take anything so no MR to permentaely deprive her as in R V Husseyn it was decided that conditional intent is enough to be found guilty.
  • In terms of attempted murder, The MR is higher as the D must have direct intent to kill. To cause s.18 is not enough as seen in.R V Whybrows