Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Criminal Law:Attempt Exam Technique
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Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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AQA
All of my law documents uploaded follow the AQA specification and are of A/A* quality. This document sets out the exam technique of writing an answer for an attempt in a scenario. The exam technique I follow is IDEA (Identify the relevant issue, Define the relevant issue, Explain the law pertaining...
Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Attempt Exam Technique
Attempt (IDEA Structure)
I The relevant issue is attempt.
D s1(1) of the Criminal Attempts Act 1981 defines attempt as an act which
is more than merely preparatory to the commission of the offence.
E The first element of attempt is that it must be an act more than merely
preparatory. s4(3) states this is a question of facts.
A In this case… (Apply to case).
E The second element is that an attempt must be an indictable offence as
stated in s1(4) of the Criminal Attempts Act 1981.
● Murder
● s18
● Theft
● Robbery
A In this case… (Apply to case).
E The final element of attempt is that the D must have the intention to
commit the offence. R v Pearman (1984) states intention is defined the
same as it is at common law.
E [R v Whybrow (1951) states for murder, intent to kill only.]
[Additional
Legal [R v O’Toole (1987) states the D must attempt to commit basic intent
Issues] crimes. Recklessness is only sufficient for the full offence.]
[s1(2) of the Criminal Attempts Act 1981 states conditional attempt is
sufficient for attempted theft.]
A In this case… (Apply to case).
C Overall…
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