attempts

• Attempt


  Where you try and do something
• Attempts are defined in statute law, specifically the Criminal Attempts Act 1981 section 1
• The actus reus for an attempt is doing an act that is more than merely preparatory to the commission of the full offense
• The mens rea for an attempt is intention to do the full offense, not recklessness
• Cases where acts were merely preparatory, not an attempt

  • Gulliver
  • Campbell
  • Gaius
• Cases where acts were more than merely preparatory, an attempt


  • Jones
  • AG's Reference
  • Tossell
• It is not always easy to determine if an act is more than merely preparatory
• Recklessness is not sufficient for the mens rea of an attempt, it requires intention to do the full offense
• Attempted Impossibles


  Where the defendant attempts something that is actually impossible, but can still be guilty of an attempt
• Attempted Impossibles cases


  • Shivpuri
  • Jones
• Conditional intent


  Where the defendant intends to commit the offense on the condition that certain circumstances exist
• Conditional intent is sufficient for the mens rea of an attempt, overruling previous case law
• Attempts can come up on their own or combined with other offenses like murder or non-fatal offenses
• When answering questions on attempts, you must methodically apply the actus reus and mens rea requirements