Actus Reus of Attempt (AQA A-Level Law): Flashcards

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Actus Reus of Attempt
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S1(1) Criminal Attempts Act 1981 - two requirements

MTMP act + intention to commit the full offence

Can attempt be committed by omission?

No - must be a positive act

MTMP test meaning

More than merely preparatory to commission of offence

Two questions for MTMP test

Had they tried? Or just got ready/positioned/equipped?

R v Campbell (1990) - decision

MP - outside post office with equipment, hadn't entered

R v Geddes (1996) - decision

MP - in toilets with equipment but no victim approached

R v Boyle and Boyle (1987) - decision

MTMP - broken lock/hinge, all they had to do was enter

R v Jones (1990) - decision

MTMP - pointed loaded gun at victim, just pull trigger

AG's Ref No.1 of 1992 - decision

MTMP - dragged victim to shed, tried to commit rape

'All they had to do was...' test indicates

MTMP - only one final act needed to complete full offence

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