Attempts

• S.1 (1) Criminal Attempts Act 1981


  if with intent to commit an offence which the section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempt to commit the offence
• 1. D did D attempt to commit an act (not an omission)
• 2. Was the attempt of the crime by D more than merely preparatory (MMP) rather than merely preparatory (MP)
• 3. Did D attempt to commit the impossible as they could still be liable

  S.1 of the CAA '81 states a person may be guilty of attempts even if the fact suggest the commission of the offence is impossible

  these can be

  1. physically impossible (R v White)
  2. practically impossible (R v Jones)
  3. Legally impossible (Anderton V Ryan)
• 4. Did D have the Mens Rea for attempts


  S.2 of the CAA '81 states a person may be guilty of intending to commit an offence even though the facts suggest it is impossible
• 5. Intend must be specific to attempt the full crime in question (R v Z)