Attempts
- 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
- Definition
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