Attempted Crime

• WHAT IS AN ATTEMPTED CRIME?

  The CRIMINAL ATTEMPTS ACT 1981. Under s.1, D will be guilty of attempting to commit an offence, if D has the intent to commit the offence and he does an act which is more than merely preparatory to the commission of the offence
• Attempted offences only relevant for:

  • attempted murder
  • attempted GBH
  • attempted wounding
  • attempted ABH
  • attempted theft
  • attempted robbery
• Actus Reus of Attempt:

  1. Under s.1 of the 1981 Act, D has done an act which is more than merely preparatory to the commission of the full offence.

  • The judges have interpreted s.1(1) narrowly so that it would appear that D’s acts are more than merely preparatory when D is actually trying to commit the full offence.
  • D will not satisfy the actus reus if he only gets ready to commit the full offence or only equips himself to commit the full offence: GEDDES
• Mens Rea of Attempt:

  1. Under s.1 of the 1981 Act, D must have intended to commit the full offence. For example:

  • for attempted murder, D must intend to kill: WHYBROW
  • for attempted GBH, D must intend GBH
  • for attempted wounding, D must intend to wound
  • for attempted ABH, D must intend ABH
  • for attempted theft, D must intend to steal
  • for attempted robbery, D must intend to use or threaten force on any person in order to steal
• Mens Rea of attempts under S.1:

  2. It does not prevent a conviction for attempt if it is factually impossible for D to commit the full offence: s.1(2) of the CRIMINAL ATTEMPTS ACT 1981.

  • Section 1(2) also means that D can still be guilty of an attempt if he has a conditional intent – i.e. D intends to commit the full offence if a certain condition is satisfied.