PRELIMINARY OFFENCES

Preliminary offence meaning

D is punished for conduct leading towards a full crime, even if the final crime does not happen.

• D is punished for attempt of crime even if not completed

What is an attempt in crime

D tried to commit an offence and gets punished for it despite not completing it

Why:

Already dangerous and blameworthy before offence is finished

Act for attempts

Criminal attempts act 1981: s1(1)

Explain criminal attempts act 1981

S1(1):

1. D intends to commit offence = men’s res needed

2. D does an act to attempt the offence

3. More than merely preparatory : goes beyond planning + preparation

4. Offence not completed

More than merely preparatory

Si(1) criminal attempts act

More than ready for crime = beyond prep for offence

(Ar)

explain AR of an attempt + case

Physical element

More than merely preparatory to commit full offence

• gone beyond prep

R v Gullefer :not merely preparatory - no attempt

R v hones : beyond prep - attempted murder

• started committing full offence

Case for ar of attempt

R v gullefer : not beyond prep

R v joins: beyond - attempted murder

Explain MR of attempt

Mental element

D intended to commit FULL offence (not reckless)

• it was D’s main aim, purpose, desire (direct)

• Result was virtually certain + d acknowledged it (oblique)

Why is recklessness not MR for attempt

D tries to commit full offence, not merely taking an u reasonable risk

• (which means they may not be attempting to commit crime)

R v Whybrow - charged w attempted murder

R v Millard + Vernon: reckless so no attempt

Case for reckless (MR ) of attempts

R v whybrow - attempted murder

R v Millard + Vernon - reckless so no attempt

Conditional intent meaning

D intends to commit crime only if a certain condition is met

= attempt

Ex: digging into someone’s pocket to see if money is there

AG reference no.1 + 2 1979

Case for conditional intent

AG reference no.1 + 2 1979

Impossibility meaning

D tries to commit a crime, but completing the full offence is impossible.

1. Factual imposssibility

2. Legal impossibility

List impossibilities

1. Factual

2. Legal

What is factual impossibility

D cannot complete the offence because of some factual circumstance they do not know about.

• D thinks crime is possible when it isn’t

R v Shivpuri

What is legal impossibility

D thinks they are committing a crime, but legally, no crime exists.

= not guilty of attempt

Attempt exam q structure

1. Identify offence attempted

2. State law (criminal attempts act s1.1 1981)

3. Explain ar of attempt

4. Explain Mr of attempt

5. Explain impossiblity (types)

6. Guilty/not