Definition = s(1)(1) of Criminal Attempts Act 1981
“if they do an act, which is more than merely
preparatory to the commission of the offence,
with the intention of committing an offence”
Preliminary offence - Attempts
AR MR Attempting an impossible crime
s(1)(2)
Must be: Prosecution must prove intent to
commit the full offence – R v Khan. Requirements:
- Act not omission;
- Act that is MTMP to the - Criminal Attempts Act 1981 Must be factually
commission of the offence. impossible to commit crime;
- Factually impossible = Must be on the facts that
the commission of the crime was impossible;
- Legally impossible = If a D believes they are
MP case:
committing an offence but it isn’t an offence
- R v Gullefer = Theft hadn’t
then cannot be convicted (Anderton v Ryan was
yet been attempted.
overruled by R v Shivpuri to say that an individual
MTMP case:
can be convicted if legally impossible)
- R v Boyle and Boyle =
Burglary.
“if they do an act, which is more than merely
preparatory to the commission of the offence,
with the intention of committing an offence”
Preliminary offence - Attempts
AR MR Attempting an impossible crime
s(1)(2)
Must be: Prosecution must prove intent to
commit the full offence – R v Khan. Requirements:
- Act not omission;
- Act that is MTMP to the - Criminal Attempts Act 1981 Must be factually
commission of the offence. impossible to commit crime;
- Factually impossible = Must be on the facts that
the commission of the crime was impossible;
- Legally impossible = If a D believes they are
MP case:
committing an offence but it isn’t an offence
- R v Gullefer = Theft hadn’t
then cannot be convicted (Anderton v Ryan was
yet been attempted.
overruled by R v Shivpuri to say that an individual
MTMP case:
can be convicted if legally impossible)
- R v Boyle and Boyle =
Burglary.
