Podcast
Questions and Answers
According to the Criminal Attempts Act (CAA) 1981, what constitutes the actus reus of an attempt?
According to the Criminal Attempts Act (CAA) 1981, what constitutes the actus reus of an attempt?
- Planning the commission of an offence.
- An act that is more than merely intended, regardless of preparation for the commission of the offence.
- An act that is more than merely preparatory to the commission of the offence. (correct)
- An act that is merely preparatory to the commission of the offence.
Which of the following best describes an 'inchoate' offence?
Which of the following best describes an 'inchoate' offence?
- An offence committed by someone under the influence of alcohol.
- An offence committed unintentionally.
- An offence that is planned, but never carried out.
- An offence that is incomplete in some way. (correct)
Tanya intends to poison her business partner, Zara, by putting cyanide in Zara’s coffee. Tanya purchases the cyanide and pours it into Zara's cup. However, before Zara drinks the coffee, Tanya has a change of heart and disposes of the cup. Is Tanya guilty of attempted murder?
Tanya intends to poison her business partner, Zara, by putting cyanide in Zara’s coffee. Tanya purchases the cyanide and pours it into Zara's cup. However, before Zara drinks the coffee, Tanya has a change of heart and disposes of the cup. Is Tanya guilty of attempted murder?
- No, because Zara was never actually at risk.
- Yes, because purchasing the cyanide demonstrates her intent to commit murder.
- Yes, because she performed an act (pouring the cyanide) that was more than merely preparatory. (correct)
- No, because she voluntarily abandoned her plan, negating the element of intent.
A man is arrested while loitering outside a bank with a mask and a toy gun. He claims he was planning to rob the bank, but insists he changed his mind and was about to leave. Which of the following factors would be most critical in determining whether he is guilty of attempted robbery?
A man is arrested while loitering outside a bank with a mask and a toy gun. He claims he was planning to rob the bank, but insists he changed his mind and was about to leave. Which of the following factors would be most critical in determining whether he is guilty of attempted robbery?
Which of the following is true regarding attempts and summary offences?
Which of the following is true regarding attempts and summary offences?
What level of mens rea is required for attempted murder, compared to murder?
What level of mens rea is required for attempted murder, compared to murder?
Ahmed intends to cause only minor harm to Ben, but accidentally causes serious harm instead. Can Ahmed be convicted of attempting to cause serious harm?
Ahmed intends to cause only minor harm to Ben, but accidentally causes serious harm instead. Can Ahmed be convicted of attempting to cause serious harm?
In the case of R v Gullefer, what was the decisive factor in the Court of Appeal's decision to quash the defendant's conviction for attempted theft?
In the case of R v Gullefer, what was the decisive factor in the Court of Appeal's decision to quash the defendant's conviction for attempted theft?
According to the case of R v Jones, at what point did the defendant cross the line from 'preparatory steps' to 'embarking on the crime proper' in the eyes of the Court of Appeal?
According to the case of R v Jones, at what point did the defendant cross the line from 'preparatory steps' to 'embarking on the crime proper' in the eyes of the Court of Appeal?
In a scenario where the defendant's actions are interrupted, what is critical for establishing the actus reus of an attempt?
In a scenario where the defendant's actions are interrupted, what is critical for establishing the actus reus of an attempt?
Under what circumstances will factual impossibility NOT prevent the establishment of the actus reus of attempt?
Under what circumstances will factual impossibility NOT prevent the establishment of the actus reus of attempt?
Harry attempts to import heroin into the United Kingdom, but, unbeknownst to him, the package he carries contains only harmless powder. Can Harry be found guilty of attempting to import a Class A drug? Refer to R v Shivpuri
Harry attempts to import heroin into the United Kingdom, but, unbeknownst to him, the package he carries contains only harmless powder. Can Harry be found guilty of attempting to import a Class A drug? Refer to R v Shivpuri
What must the prosecution prove to establish the mens rea for attempted aggravated criminal damage?
What must the prosecution prove to establish the mens rea for attempted aggravated criminal damage?
Which of the situations is an example of 'impossibility as to the means' in the context of attempts?
Which of the situations is an example of 'impossibility as to the means' in the context of attempts?
A man intends to burn down a building, believing it to be empty. In reality, there are people inside. He pours gasoline around the base of the building and lights it. He is charged with attempted aggravated arson. In relation to the element of endangering life, what must the prosecution prove?
A man intends to burn down a building, believing it to be empty. In reality, there are people inside. He pours gasoline around the base of the building and lights it. He is charged with attempted aggravated arson. In relation to the element of endangering life, what must the prosecution prove?
A woman plans to kill her husband by sabotaging his car's brakes. She loosens the brake lines, but a mechanic discovers the damage during a routine service and repairs it before the husband drives the car. Is the woman guilty of attempted murder?
A woman plans to kill her husband by sabotaging his car's brakes. She loosens the brake lines, but a mechanic discovers the damage during a routine service and repairs it before the husband drives the car. Is the woman guilty of attempted murder?
A man plans to rob a specific jewelry store. He buys a ski mask and a crowbar. He drives to the store, parks across the street, and puts on the mask. Before he can exit the car, the police arrest him. Is he guilty of attempted robbery?
A man plans to rob a specific jewelry store. He buys a ski mask and a crowbar. He drives to the store, parks across the street, and puts on the mask. Before he can exit the car, the police arrest him. Is he guilty of attempted robbery?
A person attempts to pickpocket a plainclothes police officer, but the officer's pocket is empty. Can the pickpocket be charged with attempted theft?
A person attempts to pickpocket a plainclothes police officer, but the officer's pocket is empty. Can the pickpocket be charged with attempted theft?
You are asked to determine whether a defendant's actions satisfy the actus reus for attempt. What guidance does the court typically provide to a jury on this matter?
You are asked to determine whether a defendant's actions satisfy the actus reus for attempt. What guidance does the court typically provide to a jury on this matter?
Which of the following scenarios illustrates a situation where the actus reus of attempt would likely NOT be established?
Which of the following scenarios illustrates a situation where the actus reus of attempt would likely NOT be established?
A known hitman is paid to kill a target, but the target dies of a heart attack before the hitman is able to act. Can the hitman be charged with attempted murder?
A known hitman is paid to kill a target, but the target dies of a heart attack before the hitman is able to act. Can the hitman be charged with attempted murder?
A person prepares a fake bomb, plants it in a public place, and calls in a bomb threat as a prank. Can this person be charged with attempted murder?
A person prepares a fake bomb, plants it in a public place, and calls in a bomb threat as a prank. Can this person be charged with attempted murder?
What is the underlying rationale for holding individuals liable for attempts, even when completing the full offence is impossible?
What is the underlying rationale for holding individuals liable for attempts, even when completing the full offence is impossible?
A woman hires a contract killer for a target that ends up being a fictional character, so they could never actually kill the target since it is not a real individual. What is the most accurate charge?
A woman hires a contract killer for a target that ends up being a fictional character, so they could never actually kill the target since it is not a real individual. What is the most accurate charge?
Is recklessness ever enough for a charge of attempted murder?
Is recklessness ever enough for a charge of attempted murder?
If a man robs a homeless man, is that a hate crime?
If a man robs a homeless man, is that a hate crime?
A serial criminal is charged with the attempted crime but the victim ends not dead. What crime will he be served?
A serial criminal is charged with the attempted crime but the victim ends not dead. What crime will he be served?
In relation to the actus reus element of attempting to commit an offence. Which statement is the MOST correct?
In relation to the actus reus element of attempting to commit an offence. Which statement is the MOST correct?
Jane is found guilty for attempted murder after planting a bomb inside a building in an effort to kill Mark. What element is MOST critical to ensuring Jane’s act is defined as attempted murder?
Jane is found guilty for attempted murder after planting a bomb inside a building in an effort to kill Mark. What element is MOST critical to ensuring Jane’s act is defined as attempted murder?
Given what you have learned about 'attempts', which of these concepts would be the LEAST relevant to establishing criminal liability?
Given what you have learned about 'attempts', which of these concepts would be the LEAST relevant to establishing criminal liability?
What is generally considered a necessary element for a charge of attempt?
What is generally considered a necessary element for a charge of attempt?
Bob says 'I'm totally going to smash Jack's face the next time I see him!' and is charged with attempted murder, what is a critical question for the jury to ask?
Bob says 'I'm totally going to smash Jack's face the next time I see him!' and is charged with attempted murder, what is a critical question for the jury to ask?
While the prosecution must evidence mens rea and actus reus to prove an attempt. In which of these considerations is the judge's role most important (i.e. without the judge's action, the question cannot be put to a jury).?
While the prosecution must evidence mens rea and actus reus to prove an attempt. In which of these considerations is the judge's role most important (i.e. without the judge's action, the question cannot be put to a jury).?
A mother plans to kill her child so that the child can go to heaven before anything bad. She is arrested with evidence. She is taken down and after investigations, she is deemed of temporary insanity. What can be said about her criminal liability/conviction?
A mother plans to kill her child so that the child can go to heaven before anything bad. She is arrested with evidence. She is taken down and after investigations, she is deemed of temporary insanity. What can be said about her criminal liability/conviction?
According to the provided information, which of the following is NOT a key consideration when determining whether the defendant is liable for attempt?
According to the provided information, which of the following is NOT a key consideration when determining whether the defendant is liable for attempt?
A man purchases rope at a local shop. Is this seen as planning, an attempt or something else? If the man had a victim in mind would he be charged with attempted murder?
A man purchases rope at a local shop. Is this seen as planning, an attempt or something else? If the man had a victim in mind would he be charged with attempted murder?
What constitutes ‘negligence’ in relation to an attempt to commit a crime?
What constitutes ‘negligence’ in relation to an attempt to commit a crime?
A person claims they cannot attempt a crime and there's not enough evidence that they intended malice. What is the best way to combat their claims?
A person claims they cannot attempt a crime and there's not enough evidence that they intended malice. What is the best way to combat their claims?
After the court trial, the verdict is clear and given. Can the judge or any party overturn the verdict?
After the court trial, the verdict is clear and given. Can the judge or any party overturn the verdict?
A man hires a prostitute for the purpose of forcing them to assaultive and demeaning acts. Is it possible for the payer to be charged with attempted rape?
A man hires a prostitute for the purpose of forcing them to assaultive and demeaning acts. Is it possible for the payer to be charged with attempted rape?
Flashcards
Inchoate Offence
Inchoate Offence
An offence that is incomplete; an attempt to commit a crime.
Actus Reus of Attempt
Actus Reus of Attempt
An act that is more than merely preparing for the commission of a full offence.
'On The Job' Commencement
'On The Job' Commencement
The point when the merely preparatory acts have come to an end and the defendant embarks on the crime proper.
Mens Rea of Attempt
Mens Rea of Attempt
Signup and view all the flashcards
Mens Rea and Impossibility
Mens Rea and Impossibility
Signup and view all the flashcards
Impossibility and Attempts
Impossibility and Attempts
Signup and view all the flashcards
CAA 1981
CAA 1981
Signup and view all the flashcards
Ulterior Intent
Ulterior Intent
Signup and view all the flashcards
Act Requirement
Act Requirement
Signup and view all the flashcards
Study Notes
- Attempting a crime is an offence itself, considered an 'inchoate' or incomplete offence.
- This chapter focuses on the "attempts" inchoate offence.
- Reasons for incomplete crime: arrest, victim escape, or voluntary abandonment.
Definition
- Defined in s 1(1) of the Criminal Attempts Act (CAA) 1981.
- If a person intends to commit an offence, they must do something that goes beyond mere preparation in order to be guilty of attempting to commit the offence.
- Almost all indictable offenses (tried in Crown Court) may be charges for attempt.
- Summary-only offences (dealt with in magistrates' court) are excluded by CAA 1981.
- Being convicted of attempted murder is possible, but not for attempted simple assault.
- If offenses specifically create an exception, like attempting to drive under the prescribed alcohol level limit you can be charged.
Actus Reus
- Prosecution must prove all elements of actus reus and mens rea to establish criminal liability.
- S 1(1) of the CAA 1981 says a defendant must do an act that goes 'more than preparatory', what does this mean?
- Only actions cause liability, not omissions
More Than Merely Preparatory
- Actus reus requires more than mere preparatory, this is a question of fact for the jury.
- R v Gullefer [1987]
- Defendant placed a bet on a dog, jumped on the racetrck, and the conviction of attempted theft was quashed because it was merely preparatory.
- Lord Lane indicates 'on the job' that ends the preparatory acts and embarks on the crime.
- Facts will vary cases so there is scope for inconsistency.
- Court of Appeal said in Gullefer he was still in preparatory stage of stealing from the bookmarker.
Court Approach
- Judge assesses if prosecution is sufficient that a jury can reasonably conclude the defendant's acts were not simply preparatory.
- If the accused was only at the early stages, the judge must withdraw the case from the jury.
- Jury decides as a question of fact what the defendant did was an attempt.
- R v Jones, [1990]
- Jury decide what stage the actus reus was complte, 'line in the sand' from preparatory steps to 'embarking on the crime proper'.
- The Court of Appeal only viewed Jones climbing into the victim's car as beyond merely preparatory.
- Stage for attempt can be late in the process and creates difficulty for law enforcement. too quick: defendant acquitted too late: crime completed public at risk
Mens Rea
- After actus reus is established, prosecution must prove mens rea.
- Defendant must intend to commit the specific offense attempted.
- R v Whybrow (1951)
- Wiring soap dish to electrocute wife, the Court of Appeal said he must intend to kill the victim to be guilty of attempted murder. Intent to cause grievous bodily harm is sufficient.
- Includes both direct and indirect intent.
- R v Woollin test applies, foresight as virtual certainty.
Offences With An Ulterior Mens Rea
- Some offences require proving of ulterior mens rea.
- Aggravated criminal damage needs proof must prove that the defendant intended or was reckless as to endangering life.
- Attorney General's Reference (No.3 of 1992) [1994]: Intent relates to causing criminal damage.
Attempts and Impossibility
- An offense may be impossible:
- As to the end result, pocket-picking.
- As to the means, stabbing with a paper straw.
Actus Reus and Impossibility
- Impossibility will not prevent establishing actus reus because s 1(2) of the CAA 1981:
- Guilty of attempt even though the facts are such that offense is impossible
- In simple terms, the defendant is guilty even if they intended to commit was actually impossible.
Mens Rea and Impossibility
- The mess rea covered by s 1(3) of the CAA 1981:
- Defendant is judged by facts of the case as they believed
- Attempting to kill when no bullet is in the gun, satisfies actus reus despite impossibility.
Final points for Actus Reus
- An omission does not count, it must be an act.
- Has significant steps been taken towards completion but doesn't need to be fully complete.
- The judge has to believe must be some evidence defendant has 'embarked on crime proper' before it can be left to jury.
Mens Rea
- Prosecution must show defendant intended the consequences of their actions, like the death of the victim.
- If the full offence includes an ulterior mens rea like aggravated criminal damage, recklessness can suffice that aspect.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
