Attempt offences

• What is an attempt offence?

  when a person tries to commit an offence but, for some reason, they fail to complete it
• What is the legislation for attempt offences?

  S1(1) Criminal Attempts Act 1981
• What is the definition of attempt offences?

  If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.
• What is the sentence for attempt offences?

  same as full offence except murder which is maximum life instead of mandatory life
• What offences are attempt offences not applicable to?

  Common assault, Battery and S20 GBH
• What is the 1st point for the AR of attempt offences?

  The D does an act - must be voluntary - Hill v Baxter
• What is the 2nd point for the AR of attempt offences?

  the act must be more than ‘merely preparatory’ - one step before you complete the offence. AG Ref (No1 of 1992) (1993) - ‘Point of No Return’
• What 3 questions and their cases must we consider for the 2nd point of the AR?

  • Moved from planning/ preparation to execution/ implementation - Geddes
  • Does an act showing he was trying to commit the full offence - Gullefer
  • ‘Embarked on the crime proper’ - MS Application by Prosecution for leave to appeal (2021) - the location doesn’t matter
• What is the MR for attempt offences?

  same intention as to committing the full offence EXCEPT Murder which requires a higher level of intention than the full offence - Expressed Malice Aforethought (Direct/ Oblique). Whybrow confirms only expressed can be MR
• what is conditional intent?

  Easom/ AG Ref (No1 and 2 of 1979) - if the D would’ve stolen if there was anything worth stealing, the D could be charged with an attempt to steal (attempted theft)
• What is Impossibility?

  CAA 1981 (S1(2)) - the D can be guilty of an attempt even if the full offence was impossible to commit - White
• What case states that Recklessness is not enough for the MR of an attempt offence?

  R v Millard and Vernon
• What is the case of Whybrow used for?

  Only expressed malice forethought can be the MR for murder
• What case is used for Conditional intent?

  Easom
• What case do we use for Impossibility?

  White