Attempts
An attempt is not a crime in itself, an attempt is an example of an ‘inchoate’ (incomplete
crime), D will be charged with an attempt to commit another offence: attempted murder – R
v White, R v Whybrow, R v Jones, R v Walker & Hayles, attempted theft – R v Gullefer,
attempted robbery – R v Campbell
S 1(1) Criminal Attempts Act 1981 – if with the 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, then they will be guilty of attempting to commit the offence
More than merely preparatory – an attempt begins when the merely preparatory acts
come to an end and D embarks on the offence proper, it will be for the jury to decide when
this has happened – R v Gullefer
R v Jones – D does not need to have reached the last act immediately before committing the
full offence
R v Geddes – more than merely preparatory means when D has actually tried to commit the
offence
D must have the intent to commit the offence – R v Whybrow
In cases involving attempted murder, it must be proved that D had an intention to kill, an
intention to cause really serious harm is not enough – R v Whybrow/R v Walker & Hayles
In cases involving attempted theft, D does not have to be charged with attempting to steal
something/one thing in particular, e.g. attempting to steal an item from a car or a handbag,
it is enough that they were attempting to steal something/anything (from a car or from a
handbag) in other words, they will be charged with attempt to steal some or all of the
contents (not necessarily one thing in particular) – Attorney-General’s Reference (Nos. 1 and
2 of 1979)
Attempting the impossible – s 1(2) Criminal Attempts Act 1981 – a person may be guilty of
attempting to commit an offence [to which this section applies] even though the
commission of the offence is impossible
R v Shivpuri gave an example and said that where D puts his hand into V’s pocket but the
pocket is empty, if D had the intent to steal then he will still be guilty of attempted theft
despite the fact there was nothing to steal and committing theft would have been
impossible
An attempt is not a crime in itself, an attempt is an example of an ‘inchoate’ (incomplete
crime), D will be charged with an attempt to commit another offence: attempted murder – R
v White, R v Whybrow, R v Jones, R v Walker & Hayles, attempted theft – R v Gullefer,
attempted robbery – R v Campbell
S 1(1) Criminal Attempts Act 1981 – if with the 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, then they will be guilty of attempting to commit the offence
More than merely preparatory – an attempt begins when the merely preparatory acts
come to an end and D embarks on the offence proper, it will be for the jury to decide when
this has happened – R v Gullefer
R v Jones – D does not need to have reached the last act immediately before committing the
full offence
R v Geddes – more than merely preparatory means when D has actually tried to commit the
offence
D must have the intent to commit the offence – R v Whybrow
In cases involving attempted murder, it must be proved that D had an intention to kill, an
intention to cause really serious harm is not enough – R v Whybrow/R v Walker & Hayles
In cases involving attempted theft, D does not have to be charged with attempting to steal
something/one thing in particular, e.g. attempting to steal an item from a car or a handbag,
it is enough that they were attempting to steal something/anything (from a car or from a
handbag) in other words, they will be charged with attempt to steal some or all of the
contents (not necessarily one thing in particular) – Attorney-General’s Reference (Nos. 1 and
2 of 1979)
Attempting the impossible – s 1(2) Criminal Attempts Act 1981 – a person may be guilty of
attempting to commit an offence [to which this section applies] even though the
commission of the offence is impossible
R v Shivpuri gave an example and said that where D puts his hand into V’s pocket but the
pocket is empty, if D had the intent to steal then he will still be guilty of attempted theft
despite the fact there was nothing to steal and committing theft would have been
impossible
