Attempt

• Definition

  • S1(1) Criminal Attempts Act
  • 'If with intent to commit an offence to which this section applies, a person does an act which is more than merely prepatory to the commission of the full offence, he is guilty of attempting to commit the offence'
• Key points

  • Triable either way offence
  • S4(1) criminal attempts act 1981 - a person guilty shall be liable for the maximum sentence available to commit the full offence
• Actus reus

  • Performing an act more than merely prepatory to the commission of the full offence
• Actus reus 2

  • Act must be sufficiently close to final criminal act - demonstrating a clear intent to carry out the crime
  • Last act need not have occurred - individual must have transitioned from planning or preparation to execution or implementation
  • R v Guelfer
  • R v Gedder
• Mens rea

  • Intent to commit the full offence
• Mens rea 2

  • Requires same intention necessary for full offence
  • The individual must possess a specific intent to commit the intended crime
  • R v Easom, R v Whybrow
  • Attempted murder requires intent to kill, not just intention to cause GBH
• Impossibility

  • You can still be guilty of attempting a crime even if it turns out the crime was impossible to commit
  • R v White
  • S1(2) Criminal attempts act 1981