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5 Cards in this Set
- Front
- Back
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Define the offence of Attempt, giving relevant statute |
Pii Under s1(1) CAA 1981 = Crimnal Attempts Act It is when 1. D's act us more than merely prepatory (actus reus) 2. in the commission of an indictable offence (actus reus) 3. with intention to commit that offence (mens rea) |
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Give a relevant case related to an attempted offence |
Campbell [1991] "Tins of soup being shot at"- postoffice robbery- D not guilty of attempted offence as arrested 1 yeard from post office, and D's act not regarded as more than merely prepatory
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Actus reus of ciminal attempt: What is important to know about 1. D's act 2. indictable offences |
1. D's act must be positive (no omissions) 2. Indictable offences are eitehr way or purely indictable offences |
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Mens rea of criminal attempt:What is important to know about 1. intention to commit the offence |
1. intention can be direct (D's aim/purpose) of indirect (result virtually certain from D's action and D foresaw this) 2. D must intend the conduct and consequence of teh offence (this is much stricter than for the offence itself) eg attempted murder - D must have intended conduct=shooting and the consequence =killing. In murder itself, D need only have intended GBH/killing |
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Explain attempting the impossible and Give a case
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-This is where D may still be found guilty of an attempted offence even when it was impossible for him to commit the offence eg police sting - D cannot accept stolen goods from an undercover police office because techinically they are not stolen -if Dwould have been guilty of an offence based on the facts as D believedthem to be, he would be guilty of an attempt to commit the offence,as long as he has done an act more than merely preparatory Case is Shivpuri [1986] - D believed he was importing illegal drugs (however they were only vegetable matter) |
