This topic can come up in conjunction with any of the previous crimes.
Attempts = ‘inchoate’ offence = lasting for incomplete offence
s.1(1) Criminal Attempts Act 1981
1 - Attempting to commit an offence
MR AR
(1) 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.
*2 types of attempts:
• Incomplete attempts: where the defendant has not done everything required to complete the crime
• Complete attempts: where the defendant has done all the necessary acts but the desired result has not followed
Actus Reus
AR: doing an act which is more than merely preparatory to the commission of the offence
• Omissions do not count
• More than merely preparatory = when preparatory acts have come to an end and defendant embarks upon the
proper crime
• Significant steps must be made but is not necessary to establish D has done all he intends to do (Jones)
• Division between merely preparatory acts and full crime is a question for the jury (Gulliver)
Mens Reus
MR: intend to commit an offence (even if MR of the crime is lesser than intent)
• This is not the same as the MR of the actual crime
• Recklessness will not be sufficient - specific intent required (Millard and Vernon - D’s were reckless as to
attempted criminal damage = not sufficient)
• Conditional intent is sufficient (e.g. planning to steal if there is something worth taking)
• Note: Intent to kill is necessary for attempted murder, intent GBH will not suffice
• Recklessness is only relevant in order to establish surrounding circumstance or ulterior MR (where reckless as
certain circumstances is required for the full offence)
◦ Aggravated CD: the defendant must intent to commit criminal damage although they can be reckless as to
whether they endanger life (AG reference no.3 1992) - only this is examinable!!
◦ Rape: the defendant must intent intercourse either knowing there is a lack of consent or being reckless as to
the other’s consent (Khan - pre SOA 2003 case but might still apply)
• Impossibility of offence will not prevent conviction for an attempt (s.1(2) CAA 1981)
◦ s.1(3): if defendant intended to commit crime based on facts they believed to be true then that can be an
attempt
◦ Shivpuri: defendant attempted to smuggle in a harmless substance, which she believed to be heroin, and was
found guilty of attempting to deal with a controlled drug
Attempts = ‘inchoate’ offence = lasting for incomplete offence
s.1(1) Criminal Attempts Act 1981
1 - Attempting to commit an offence
MR AR
(1) 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.
*2 types of attempts:
• Incomplete attempts: where the defendant has not done everything required to complete the crime
• Complete attempts: where the defendant has done all the necessary acts but the desired result has not followed
Actus Reus
AR: doing an act which is more than merely preparatory to the commission of the offence
• Omissions do not count
• More than merely preparatory = when preparatory acts have come to an end and defendant embarks upon the
proper crime
• Significant steps must be made but is not necessary to establish D has done all he intends to do (Jones)
• Division between merely preparatory acts and full crime is a question for the jury (Gulliver)
Mens Reus
MR: intend to commit an offence (even if MR of the crime is lesser than intent)
• This is not the same as the MR of the actual crime
• Recklessness will not be sufficient - specific intent required (Millard and Vernon - D’s were reckless as to
attempted criminal damage = not sufficient)
• Conditional intent is sufficient (e.g. planning to steal if there is something worth taking)
• Note: Intent to kill is necessary for attempted murder, intent GBH will not suffice
• Recklessness is only relevant in order to establish surrounding circumstance or ulterior MR (where reckless as
certain circumstances is required for the full offence)
◦ Aggravated CD: the defendant must intent to commit criminal damage although they can be reckless as to
whether they endanger life (AG reference no.3 1992) - only this is examinable!!
◦ Rape: the defendant must intent intercourse either knowing there is a lack of consent or being reckless as to
the other’s consent (Khan - pre SOA 2003 case but might still apply)
• Impossibility of offence will not prevent conviction for an attempt (s.1(2) CAA 1981)
◦ s.1(3): if defendant intended to commit crime based on facts they believed to be true then that can be an
attempt
◦ Shivpuri: defendant attempted to smuggle in a harmless substance, which she believed to be heroin, and was
found guilty of attempting to deal with a controlled drug
