preliminary offence: attempt

actus reus

an attempt must be

• a positive act

• an act that is ‘more than merely preparatory for the commission of the offence’

R v Campbell 1990

approaching post office with knife and threatening note was merely preparatory as he did not enter or threaten staff

R v Geddes 1990

D was seen in boys’ toilets with rope, a knife and masking tape but had not tried to commit the crime itself

R v Boyle and Boyle

found next to a broken-in door

all they had to do was enter the building to commit the full offence

mens rea

an intent to commit the full offence

R v Whybrow

an intent to kill for attempted murder

R v Millard 1987

no attempt, no intent, and recklessness will not suffice

R v Pace and Rogers 2014

D must have an intent to commit the elements of the offence, not just some of them

a suspicion was insufficient

attempting an ‘impossible’ crime

Criminal Attempts Act 1981

factually impossible (can be convicted of attempt)

legally impossible (if D believes its an offence, but it isn’t, cannot be convicted)

Anderton v Ryan 1985

admitted to police that she bought something she thought was stolen, but wasn’t

D could not be convicted for something she believed but was wrong

R v Shivpuri

overruled Anderton v Ryan and convicted D of attempting the impossible (carrying what he thought were drugs)

R v Jones 2007

inciting a child to sexual activity (not child, but still convicted)