Criminal attempts
Source: Statutory offence contained within The Criminal Attempts Act 1981
Definition: An Act of Parliament was passed to try clarify the position (The Criminal Attempts Act 1981). The actus
reus and mens rea are contain in S1 (1) of the act
MR is the intention to commit the full offence
AR is carrying out acts which are more than merely preparatory to commission of the full offence
Preliminary offence, where D had the MR for the full (completed) offence, but the AR is not completed (they have
however started to do the actus reus)
Specific intent crime -> only ‘intention’ will suffice as MR
Most summary offences cannot be attempted, TEW and indictable can
Example cases: R v White
D left poisoned bedtime drink for his mother, who died of natural causes before drinking enough poison. D was found
guilty of attempted murder, as his unlawful act was not a factual cause.
R v Shivpuri
The 1966 Practice Statement, used by the House of Lords and the UKSC, overruled earlier precedents in R v Shivpuri,
allowing defendants to be convicted of attempted crimes, even if it would be impossible to complete the full offense.
Actus Reus
The CAA (1981) does not explain what ‘more than merely preparatory’ means
It is for a judge to put the question of an attempted crime to a jury who will decide the case on its facts
Have to consider the case law
Example cases:
Campbell - Attempted robbery of post office – not entered it yet – all he had done was to prepare, not convicted
Gullefer - D out bet on dog at the races. Dog was going to lose so D jumped on the track to get race declared void so
he could claim his money back. CA said they must’ve embarked on the crime proper or started the AR to be guilty of
an attempted crime
Geddes - D found lurking in boys’ toilets in school with rope, tape and knife. Conviction for attempted kidnap
quashed as he not moved from preparation to execution. He would have had to made contact with a student
Boyle – broken lock – attempted burglary
Jones – held gun against new boyfriend’s head (safety catch on) – CA upheld conviction of attempted murder
AG’s Ref - The CA ruled that a defendant's attempted rape was sufficient if the prosecution can prove from other
evidence that the defendant had embarked on the crime proper.
Mens Rea
Mens rea for attempts is set out in S1(1) of the Criminal Attempts Act 1981
D must have ‘intention to commit the full crime/offence’
Recklessness -> will not usually be sufficient MR (even if it is sufficient MR for the full/completed offence)
Case: R v Mohan confirmed MR of attempted crime is only ever intention (D driving at police officer, forced to jump
out of the way to avoid injury)
Full offence
Source: Statutory offence contained within The Criminal Attempts Act 1981
Definition: An Act of Parliament was passed to try clarify the position (The Criminal Attempts Act 1981). The actus
reus and mens rea are contain in S1 (1) of the act
MR is the intention to commit the full offence
AR is carrying out acts which are more than merely preparatory to commission of the full offence
Preliminary offence, where D had the MR for the full (completed) offence, but the AR is not completed (they have
however started to do the actus reus)
Specific intent crime -> only ‘intention’ will suffice as MR
Most summary offences cannot be attempted, TEW and indictable can
Example cases: R v White
D left poisoned bedtime drink for his mother, who died of natural causes before drinking enough poison. D was found
guilty of attempted murder, as his unlawful act was not a factual cause.
R v Shivpuri
The 1966 Practice Statement, used by the House of Lords and the UKSC, overruled earlier precedents in R v Shivpuri,
allowing defendants to be convicted of attempted crimes, even if it would be impossible to complete the full offense.
Actus Reus
The CAA (1981) does not explain what ‘more than merely preparatory’ means
It is for a judge to put the question of an attempted crime to a jury who will decide the case on its facts
Have to consider the case law
Example cases:
Campbell - Attempted robbery of post office – not entered it yet – all he had done was to prepare, not convicted
Gullefer - D out bet on dog at the races. Dog was going to lose so D jumped on the track to get race declared void so
he could claim his money back. CA said they must’ve embarked on the crime proper or started the AR to be guilty of
an attempted crime
Geddes - D found lurking in boys’ toilets in school with rope, tape and knife. Conviction for attempted kidnap
quashed as he not moved from preparation to execution. He would have had to made contact with a student
Boyle – broken lock – attempted burglary
Jones – held gun against new boyfriend’s head (safety catch on) – CA upheld conviction of attempted murder
AG’s Ref - The CA ruled that a defendant's attempted rape was sufficient if the prosecution can prove from other
evidence that the defendant had embarked on the crime proper.
Mens Rea
Mens rea for attempts is set out in S1(1) of the Criminal Attempts Act 1981
D must have ‘intention to commit the full crime/offence’
Recklessness -> will not usually be sufficient MR (even if it is sufficient MR for the full/completed offence)
Case: R v Mohan confirmed MR of attempted crime is only ever intention (D driving at police officer, forced to jump
out of the way to avoid injury)
Full offence
