attempts: mens rea

• what must be established?

  that the defendant had intent to commit the complete offence
• what happened in easom (1971) and attorney general’s reference (no. 1 and 2 of 1979) (1979)?

  conditional intent initially was not sufficient but it now is
• what was confirmed in r v millard and vernon (1987)?

  recklessness will never suffice, even for offences where it ordinarily would
• what is required for attempted murder?


  intention to kill
• what was confirmed in s1(2) criminal attempts act 1981?

  ’a person may be guilty of attempting to commit an offence… even though the facts are such that commission of the offence is impossible’
• what was confirmed in r v shivpuri (1985)?

  it is irrelevant if it was factually impossible to commit the offence as long as the defendant believed they were committing it