Attempts OCR A2 Law G153

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  • Created on: 08-06-14 18:10
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Nadine Allen
An attempted crime is a type of inchoate offence i.e. an incomplete offence
The law takes the view that people should be punished and shouldn't escape liability
just because they failed to commit the actual crime
Definition of an attempt
D tried to and intends to commit the crime but for some reason fails to complete it
Section 1 (1) Criminal Attempts Act 1981
S1 - a person will be guilty if: `with intent to commit an offence to which this section
applies, a person does an act which id more than merely predatory to the
commission of the offence'
Actus Reus
An act which is more than merely preparatory (MTMP)
Mens Rea
Intention to commit the offence
S4 CAA '81 ­ attempts are punishable to the same extent as the substantive offence
(same as if you had actually done it) (USA ­ its half the sentence of the attempt)
Fair ­
Yes ­ D intended to commit crime
No ­ D didn't actually commit the main crime
Before the CAA 1981
Before the CAA there were several tests to try and see if D had actually done
enough to be guilty of an attempt;
Last act ­ has D don't the last act he could do before the main crime?
Proximity ­ were Ds acts immediately connected to the Actus Reus of the
Parliament has clarified the law and said that these tests are no longer relevant

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Actus Reus of an attempted crime
The prosecution must prove D committed an act which was more than merely
D decides to rob a bank. D buys a gun, steals a car and waits outside a bank. Not
D walks into the bank with a gun and fires it, missing the security guard by inches.…read more

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Not guilty ­ he had only prepared. For it to be MTMP, the D would have had to go
and ask for his money back. Courts said the test is = has D embarked on the crime
D was found standing by a door with a broken lock and hinge. He was convicted of
attempted burglary because he was in the process of committing a crime.…read more

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D went into a school with passports and plane tickets and she asked to collect her
children `as they had to go to the dentist'. She was planning on taking them abroad
against the father's wishes.
She was guilty of attempted child abduction. Going to the school with the passports
and plane tickets is MTMP.…read more

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Millard and Vernon
Ds repeatedly pushed against a wooden fence at a football ground.…read more

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D was driving his car and responded to a policeman's signal to stop. D slowed down
and then accelerated towards the policeman. The policeman jumped out of the way
and D was charged with attempted ABH. The courts held that he was not guilty
because he didn't have the mens rea of intending harm, he was merely reckless.…read more

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Attempting an impossible crime
Section 1 (2) CAA 1981
A person may be guilty of attempting to commit an offence to which this section
applies even though the facts are such as that the commission of the offence is
In other works, Parliament said that you can be guilty of attempting an impossible
D bought what she thought was a stolen video recorder.…read more

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Nadine Allen
Attempted manslaughter and attempted conspiracy do not exist as
offences, neither do attempted secondary offender offences (by helping
your already doing it)
You also cannot be guilty of an attempted omission, it has to be an act
In 2007 the Law Commission suggested an offence of Criminal Preparation whereby
D would be guilty of he prepared for a crime
Yes ­ e.g.…read more


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