Podcast
Questions and Answers
Which of the following statements accurately describes a criminal attempt?
Which of the following statements accurately describes a criminal attempt?
- It involves only the intention to commit a crime.
- It requires preparatory acts and being one step closer to committing the crime. (correct)
- It is only applicable to completed crimes.
- It does not require any action towards committing a crime.
In which of the following cases was the defendant liable for attempted murder?
In which of the following cases was the defendant liable for attempted murder?
- R v Campbell
- R v Boyle
- R v Jones (correct)
- R v Gullefer
What is a necessary mental state (mens rea) for being liable for a criminal attempt?
What is a necessary mental state (mens rea) for being liable for a criminal attempt?
- Only recklessness is required.
- The intention to carry out the specific crime. (correct)
- Intention to commit a lesser offense.
- It is enough to have a general desire to commit a crime.
Under which circumstance would impossibility not serve as a defense for attempted crime?
Under which circumstance would impossibility not serve as a defense for attempted crime?
Which of the following represents an example of a preparatory act towards committing a crime?
Which of the following represents an example of a preparatory act towards committing a crime?
According to the legal precedents, what distinguishes an attempt from mere preparation?
According to the legal precedents, what distinguishes an attempt from mere preparation?
Which of the following crimes can be attempted under criminal law?
Which of the following crimes can be attempted under criminal law?
In R v Shivpuri, why was the defendant held liable for attempted drug trafficking?
In R v Shivpuri, why was the defendant held liable for attempted drug trafficking?
Flashcards
What is an actus reus of criminal attempt?
What is an actus reus of criminal attempt?
An act that goes beyond mere preparation and is the first step towards committing a crime. For example, loading a gun or pointing it at a victim.
What is the mens rea of criminal attempt?
What is the mens rea of criminal attempt?
An intention to commit the specific crime. This means the defendant must have intended to commit the full crime, even if they were unsuccessful.
Is it a defense to a criminal attempt if the crime was impossible to commit?
Is it a defense to a criminal attempt if the crime was impossible to commit?
You can be liable for attempted crimes even if the crime was impossible to commit. For example, if you try to steal drugs that actually aren't drugs, or try to kill someone who is already dead, you can still be convicted of attempted theft or attempted murder.
What types of crimes can be attempted?
What types of crimes can be attempted?
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What is the intention required for attempting a crime?
What is the intention required for attempting a crime?
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What is the actus reus requirement for criminal attempt?
What is the actus reus requirement for criminal attempt?
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What is the mens rea requirement for criminal attempt?
What is the mens rea requirement for criminal attempt?
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Why is criminal attempt such a difficult concept to understand?
Why is criminal attempt such a difficult concept to understand?
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Study Notes
Criminal Attempt
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Definition: A crime is committed when a person acts in a preparatory stage with the intention to commit another crime.
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Evidence: Preparatory acts are actions taken before committing the crime.
- Examples including getting a gun, checking doors, or pointing a gun.
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Boyle v Boyle: Accused was liable for attempted burglary after damaging the door, showing intent.
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Rv Jones: Accused was guilty of attempted murder for pointing a gun at the victim.
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R v White: Accused was deemed liable for attempted murder for trying to poison their mother, showing all attempts to commit the crime.
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R v Campbell: Accused was not liable for attempted robbery for just walking around to commit the robbery.
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R v Gullefer: Accused was not guilty of attempted theft, as their actions were just preparation for the crime, failing to perform the final action. Lord Lane stated that preparation ends and a crime begins.
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Mens Rea (Mental Element): The perpetrator must intend to commit the crime, awareness or acceptance of the risk.
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Actus Reus (Physical Element): The perpetrator must have already done an act that is a significant step toward committing the crime.
Impossibility as a Defence
- General Rule: Impossibility is not a valid defense for an attempt charge in most jurisdictions.
- Rv Shivpuri: Accused was convicted of attempted drug trafficking even though the package they tried to carry did not contain drugs.
Their belief that it was narcotics was the intention which is sufficient for conviction. - Criminal Attempt: Act > preparatory to commit a crime.
- Mens Rea for Attempts: the intent to commit the crime.
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