Preliminary Offences (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Statutory source for law on attempt
Statutory source for law on attempt
Criminal Attempts Act 1981, s1(1)
Two elements required for attempt
Two elements required for attempt
Actus reus (MTMP act) & mens rea (intent to commit offence)
Can omission form basis of attempt?
Can omission form basis of attempt?
No, actus reus of attempt requires a positive act
MTMP threshold meaning
MTMP threshold meaning
Act more than merely preparatory to commission of offence
Examples of merely preparatory conduct
Examples of merely preparatory conduct
Getting into position, equipping oneself, planning
Key test: has defendant actually tried to commit offence?
Key test: has defendant actually tried to commit offence?
If yes, suggests MTMP; if no, may be merely preparatory
R v Campbell (1990) - approaching post office with knife
R v Campbell (1990) - approaching post office with knife
Merely preparatory - not entered or threatened staff
R v Geddes (1996) - in school toilets with rope & knife
R v Geddes (1996) - in school toilets with rope & knife
Merely preparatory - equipped & present but not tried crime
R v Jones (1990) - pointing loaded gun at victim
R v Jones (1990) - pointing loaded gun at victim
MTMP - embarked on crime, only trigger pull remained
R v Boyle (1987) - breaking door lock & hinge
R v Boyle (1987) - breaking door lock & hinge
MTMP - embarked on burglary, only entry remained