Attempts
D hasn’t completed the full offence.
In certain circumstances may have liability for an attempt.
How to identify:
1. Are all elements of AR present for attempted offence?
2. If AR is missing, consider d’s MR.
3. Did they have intent to carry out full offence?
4. If yes consider AR and MR for attempts.
S1(1) criminal attempts act 1981
‘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.
ACTUS REUS: an act which is ‘more than merely preparatory’ to full offence.
Pre 1981 act- DPP v Stonehouse: last act/ Rubicon test.
Actus reus:
Gullefer: not an attempt, was merely preparatory but not more than, would be attempt if d
embarks on crime proper.
Jones: was an attempt, had embarked on commission and gone beyond merely preparatory.
Campbell: appeal allowed, insufficient evidence that d’s acts were more than merely
preparatory.
Geddes: not attempt, hadn’t moved from planning to execution of plan, d must try to
commit offence.
Tosti: attempted burglary.
Mason: not attempt, only preparation.
Moore: ‘conduct by d which is sufficiently close to final act can be properly regarded as part
of execution of plan’.
MS (application by prosecution for leave to appeal under s58 criminal justice act 2003)
[2021]: child abduction case. issue was whether d had done an act that was more than
merely preparatory to take child out of UK? Steps had been taken to execute the plan which
was close to final act.
Mens rea:
Intent to commit the substantive offence.
‘With intent to commit an offence to which this section applies’.
Direct intent- d’s aim or purpose. Mohan.
Impact of Woollin. Walker.
Acts and consequences
Circumstances- Khan/ Pace
Additional intent- AG ref 1 and 2 [1979]
Attempts to do the impossible- Shivpuri, s1(2)/ (3) ‘a person may be guilty of attempting an
offence to which this section applies even though the facts are such that the commission of
the offence is impossible’.
D hasn’t completed the full offence.
In certain circumstances may have liability for an attempt.
How to identify:
1. Are all elements of AR present for attempted offence?
2. If AR is missing, consider d’s MR.
3. Did they have intent to carry out full offence?
4. If yes consider AR and MR for attempts.
S1(1) criminal attempts act 1981
‘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.
ACTUS REUS: an act which is ‘more than merely preparatory’ to full offence.
Pre 1981 act- DPP v Stonehouse: last act/ Rubicon test.
Actus reus:
Gullefer: not an attempt, was merely preparatory but not more than, would be attempt if d
embarks on crime proper.
Jones: was an attempt, had embarked on commission and gone beyond merely preparatory.
Campbell: appeal allowed, insufficient evidence that d’s acts were more than merely
preparatory.
Geddes: not attempt, hadn’t moved from planning to execution of plan, d must try to
commit offence.
Tosti: attempted burglary.
Mason: not attempt, only preparation.
Moore: ‘conduct by d which is sufficiently close to final act can be properly regarded as part
of execution of plan’.
MS (application by prosecution for leave to appeal under s58 criminal justice act 2003)
[2021]: child abduction case. issue was whether d had done an act that was more than
merely preparatory to take child out of UK? Steps had been taken to execute the plan which
was close to final act.
Mens rea:
Intent to commit the substantive offence.
‘With intent to commit an offence to which this section applies’.
Direct intent- d’s aim or purpose. Mohan.
Impact of Woollin. Walker.
Acts and consequences
Circumstances- Khan/ Pace
Additional intent- AG ref 1 and 2 [1979]
Attempts to do the impossible- Shivpuri, s1(2)/ (3) ‘a person may be guilty of attempting an
offence to which this section applies even though the facts are such that the commission of
the offence is impossible’.
