- Created by: daisy yemm
- Created on: 05-02-19 20:20
The current law:
- The current law on attempts is governed by the Criminal Attempts act 1981. The act states 'if with intent to commit an offence to which this section applies, a person does an act which is more than merely prepatory to the commission of the offence, he is guilty of attempting to commit the offence'
- What this means is that the individual will be found guilty if they show conduct which is more than just preparation for the offence. There has to be a point of no return that the D has crossed.
- This is usually left for the jury to decide.
- In general, summary offences cannot be the subject of an attempt.
- A person does an act which is more than merely preparatory to the comission of the offence. R v Gullefur (1987) decided that the D must have gone beyond purely preparatory acts and be 'embarked on the crime proper', when this occurs will depend on the facts.
- If D has not embarked on the crime proper, then it would seem there will be no charge of attempts.
- The Criminal…