attempts

• D may be charged with attempted ... under s1 Criminal Attempts Act 1981
• an attempt is where D had intent to commit an offence and does an act which is more than merely preparatory
• actus reus

  doing what is more than merely preparatory to the commission of an offence
• AGs Ref No1 1992


  D does not need to have reached the point of no return
• Gullefer


  D must embark on the crime proper
• Campbell


  must do what is more than merely preparatory
• Geddes


  has D actually tried to commit the offence in question

  1. has D moved from planning/preparation to execution?
  2. has he done an act showing he was trying to commit the full offence?
• Boyle & Boyle


  trying to gain entry and damage to lock - embarking on the 'crime proper'
• Tosti


  examining padlock - more than merely preparatory
• Jones


  pointing a loaded gun at V and them throwing it away is more than merely preparatory
• mens rea

  the D must have the intention to commit the offence
• Eason


  no intention to permanently deprive meant D was not guilty of attempted theft
• AGs Ref Nos 1 and 2 of 1979


  if D had conditional intent (theft) can be charged with attempt to steal
• Millard and Vernon


  recklessness is not normally sufficient
• attempted murder - must be intention to kill
• Whybrow


  intention to cause GBH is not sufficient
• Woollin


  intent to kill can be oblique