• Created by: tialou
  • Created on: 15-02-17 13:07
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  • Attempts
    • Definition
      • With the intent to commit the offence the defendant does an act which is more than merely preparatory in the commission of the offence
    • Problems with the law on attempts
      • Its difficult to decide what is mere preparation and an attempt
      • Some of the decisions have no focus on public policy
      • Should the defendant be found guilty for attempting the impossible?
      • The decision in mens rea allows D to escape an attempt for conditional theft
    • Actus reus
      • The last act test, the proximity test
      • The act the defendant commits must be more than mere preparation, however the last act may be difficult to place
      • Cases showing more than mere preparation: Attorney gens ref No.1 of 1992, Tosti, Jones, Boyle and Boyle
      • Cases showing mere preparation: Campbell, Gullefer, Geddes
    • Mens rea
      • The defendant must have the mens rea for the full offence otherwise they cant be guilty for an attempt (Easom)
      • The mens rea for attempted murder is different and only the intention to kill with suffice (Whybrow)
      • Recklessness does not normally suffice for an attempt however Attorney generals ref No 3 of 1992 allowed recklessness
      • A defendant may be guilty where he does everything in his power to commit his offence, yet its impossible


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