Attempts

s1(1) Criminal Attempts Act 1981

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

More than Merely Preparatory

D must exhibit physical willingness to bring about the substantive offence

Osborn

D is engaged in the commission of the offence (“on the job”)

Jones.

This is a question of fact, for the jury to decide

Gullefer: an attempt begins

Lord Lane in “when D embarks upon the crime proper”.

(Mohan).

Intent means D has the aim or purpose to perform the act

Pearman)

it is a decision to bring about the commission of the offence, whether D desired it or not

Walker

It can also be evidenced where D had foresight that the commission of the offence was virtually certain

Whybrow; O’Toole

The substantive crime can be established from intention to bring about a lesser outcome - attempted murder requires intent to kill

Husseyn

Conditional intent is not sufficient for attempted theft

Attempting to do the impossible

Under s1(2)

D may still be guilty of an attempt even though the facts are such that the commission of the offence is impossible.

s1(3)

Even if the result they intended, if achieved, would not be the crime they believed would be committed. R v Shivpuri