preliminary offences (attempts)

• Attempt


  When a person has tried to commit a crime, but has failed to complete the offence.

  Rather than letting people get away with it, we ensure that individuals are found guilty by saying they 'attempted' to commit the crime.
• Attempt - 'but for'

  Would the victim's death still have happened 'but for' the defendant's actions?

  Case - R v White
• What is an 'attempt'?

  The definition of an attempt is found in Section 1(1) of the Criminal Attempts Act 1981.

  'if with intent to commit an offence, a person does an act which is more than merely prepatory to the commission of the offence'
• Actus reus and Mens rea

  AR:

  • Was the act 'more than merely preparatory'

  MR:

  • Intention to commit the offence they tried to do.
• Actus reus of attempt - must be more than 'merely preparatory'

  More than merely preparatory means that the defendant must be have prepared to commit the crime but hasn't yet embarked on it.

  Case - R v Gullefer
• Actus reus - must be more than 'merely preparatory'

  The turning point from mere preparation to an attempt is when the defendant begins to embark on the crime.

  Case - R v Geddes - discussed two questions that may help with pinpointing when an 'attempt' should be considered: 1. had the accused moved from planning or preperation to execution or implementation? + 2. had the accused done an act showing that they were trying to commit the offence?
• Actus Reus - Example of Just 'Merely Preparatory'

  Case - R v Campbell

  The defendants actions had only been 'merely preparatory'. The defendant did not begin to embark on the crime.
• Actus Reus - Example of an Attempt

  Case - R v Boyle and Boyle

  Their actions had moved beyond 'merely preparatory' by breaking the lock and hinge as they were now embarking on the crime.
• Mens Rea

  In most cases, the defendant needs to have the same mens rea needed for the completed version of the offence.

  The level of mens rea that the Courts want to try to achieve is intention.

  Case - R v Easom
• Conditional intent


  If a defendant had a conditional intent (meaning they at least intended stealing if there was anything worth stealing), they could still be charged with attempted theft.
• Mens Rea - Is recklessness enough?

  The courts have decided that it is not sufficient to prove 'subjective recklessness' and that the Courts should look more to intention.

  Case - R v Millard and Vernon

  However, recklessness may be sufficient if that is towards one part of the offence.

  Case - Attorney General's Reference - reckless in endangering life.
• Mens Rea of Attempted Murder

  For an 'attempt' of murder, we have to prove a higher level of mens rea than for the full offence of murder.

  Offence of Murder - requires an intention to kill or cause grievous bodily harm.

  Offence of 'Attempted' Murder - requires an intention to kill.

  Case - R v Whybrow
• Impossibility


  In some situations, our defendant may intend to commit an offence, an attempt to do so, however in reality it is impossible for that offence to be committed.

  For example, if the victim died of a heart attack before someone tried to murder them.
• Impossibility


  The Criminal Attempts Act 1981 contains a subsection that intended to cover these situations that are 'impossible'.

  Section 1(2) of the Criminal Attempts Act 1981
• Impossibility Examples


  Case - Anderton v Ryan - defendant thought the item was stolen and admitted this to the police - but it turned out it wasn't stolen making the offence impossible.

  Case - R v Shivpuri - If the defendant believes they were intending to commit a criminal offence, they can still be liable for an attempt
• Impossibility 


  Section 1(3) Criminal Attempts Act 1981

  If the defendant genuinely believed they were committing the offence, they have the intention to commit that full offence.
• Actus reus - must be more than 'merely prepatory'


  Case - Attorney General's reference (No.1 of 1992)