This is the Study Guide used in class with my added notes. This includes a summary of all the different sections of Attempts, including cases, judgements and explanations.
An attempt is where a person tries to commit an offence
but, for whatever reason, fails to complete it. E.g. the D
fires a gun at the V intending to kill the V. However, just
as D pulls the trigger, the V crouches down to tie his
shoelaces. The bullet goes over the Vs head. The D
intended to kill the V but failed to do so, so the D cannot
be charged with murder as the V is still alive. In such
cases, the D still ought to be criminally liable for some
offence as it would be immoral to let him go free. In
such a case, the D could be charged with attempted
R v White (1910)
D put poison into his elderly mother’s tea, intending to kill her so he
could inherit her money. She took a sip, went to sleep and never woke
up. Medical tests showed that she had died from an unrelated heart
attack and not from the poison.
The d was found guilty of attempted murder as he tried to kill
her but failed to do so.
The law on attempt is now governed and defined by s1(1) of the Criminal
Attempts Act 1981:
“If, with intent to commit an offence to which this section
applies, a person does an act which is more than merely
preparatory to the commission of the offence, he is guilty
of attempting to commit the offence.”
The burden is on the prosecution to prove both the actus reus and mens rea for the
attempted offence.
Actus Reus -> A person does an act which is more than merely
preparatory.
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