Criminal Law:Attempt Exam Technique

Attempt Exam Technique


Attempt (IDEA Structure)


I The relevant issue is attempt.

D s1(1) of the Criminal Attempts Act 1981 defines attempt as an act which
is more than merely preparatory to the commission of the offence.

E The first element of attempt is that it must be an act more than merely
preparatory. s4(3) states this is a question of facts.

A In this case… (Apply to case).

E The second element is that an attempt must be an indictable offence as
stated in s1(4) of the Criminal Attempts Act 1981.

● Murder
● s18
● Theft
● Robbery

A In this case… (Apply to case).

E The final element of attempt is that the D must have the intention to
commit the offence. R v Pearman (1984) states intention is defined the
same as it is at common law.

E [R v Whybrow (1951) states for murder, intent to kill only.]
[Additional
Legal [R v O’Toole (1987) states the D must attempt to commit basic intent
Issues] crimes. Recklessness is only sufficient for the full offence.]

[s1(2) of the Criminal Attempts Act 1981 states conditional attempt is
sufficient for attempted theft.]

A In this case… (Apply to case).

C Overall…