Preliminary Offences (attempt)
Preliminary offences are offences that introduce and suggest for a crime to be committed,
without directly committing the offence itself.
The definition of an attempt is found within Section 1(1) of the Criminal Attempts Act
1981.
- If, with intent to commit an offence to which this section applies, 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.
Definition - an attempt is where the defendant’s actions are “more than merely preparatory”
to the criminal offence they tried to commit. The defendant must still have intention of the
offence they wanted to initially commit.
If a person tries to commit a crime but fails, then they cannot be said to have completed the
crime. We ensure that individuals who deserve criminal liability can be found guilty by saying
they ‘attempted’ to commit the crime.
Preparation
More than preparation
R v White (1910)
- The defendant bought cyanide with the intention to kill her. They made the victim a
drink, with the cyanide and passed the drink to her.
- The victim took a few sips but fell asleep before finishing the rest. The victim never
woke up.
- It was determined that the defendant had a heart attack in their sleep. There were no
traces of the cyanide in the victim’s system and minute traces in the dark.
More than Merely Preparatory
Attorney General’s Reference (No.1 of 1992)(1993)
- There was evidence from which intent could be inferred and proved acts that were
more than merely preparatory.
- Preparation is not enough
- More than preparation is the point at which some elements of the crime start.
R v Gullefer (1987)
- A conviction for attempting to steal was quashed because his actions were merely
preparatory.
- The defendant had several other acts to do before the theft.
- ‘Has the defendant embarked upon the crime?’
R v Geddes (1996)
- ‘Has the accused moved from planning or preparation to execution or
implementation’
Preliminary offences are offences that introduce and suggest for a crime to be committed,
without directly committing the offence itself.
The definition of an attempt is found within Section 1(1) of the Criminal Attempts Act
1981.
- If, with intent to commit an offence to which this section applies, 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.
Definition - an attempt is where the defendant’s actions are “more than merely preparatory”
to the criminal offence they tried to commit. The defendant must still have intention of the
offence they wanted to initially commit.
If a person tries to commit a crime but fails, then they cannot be said to have completed the
crime. We ensure that individuals who deserve criminal liability can be found guilty by saying
they ‘attempted’ to commit the crime.
Preparation
More than preparation
R v White (1910)
- The defendant bought cyanide with the intention to kill her. They made the victim a
drink, with the cyanide and passed the drink to her.
- The victim took a few sips but fell asleep before finishing the rest. The victim never
woke up.
- It was determined that the defendant had a heart attack in their sleep. There were no
traces of the cyanide in the victim’s system and minute traces in the dark.
More than Merely Preparatory
Attorney General’s Reference (No.1 of 1992)(1993)
- There was evidence from which intent could be inferred and proved acts that were
more than merely preparatory.
- Preparation is not enough
- More than preparation is the point at which some elements of the crime start.
R v Gullefer (1987)
- A conviction for attempting to steal was quashed because his actions were merely
preparatory.
- The defendant had several other acts to do before the theft.
- ‘Has the defendant embarked upon the crime?’
R v Geddes (1996)
- ‘Has the accused moved from planning or preparation to execution or
implementation’
