Criminal Law: Attempts

An attempt is an inchoate offence: the defendant tries to commit a crime but does not complete it. Liability is governed by section 1 of the Criminal Attempts Act 1981, which requires an act that is more than merely preparatory, done with the intent to commit the full offence.

1. The Actus Reus: More Than Merely Preparatory

The defendant must have done an act that is more than merely preparatory to the offence. Buying equipment or travelling to the scene is usually still preparation; the defendant must have moved from planning into execution.

2. The Mens Rea: Intention

An attempt requires intention to commit the full offence, even where the completed offence could be committed recklessly. The clearest example is attempted murder, which requires an intention to kill; an intention to cause grievous bodily harm, sufficient for murder itself, is not enough for the attempt (R v Whybrow).

3. Impossibility Is No Defence

A defendant can be guilty of attempting the impossible. If the facts had been as the defendant believed them to be, and on those facts there would have been an offence, the attempt is made out.

4. Worked Example

Actus reus: pulling the trigger is well beyond merely preparatory (Gullefer). Mens rea: D intended to kill, which is the intent required for attempted murder (Whybrow). Impossibility: that the gun was unloaded does not assist D, because on the facts as he believed them he would have committed murder (Shivpuri). Conclusion: D is guilty of attempted murder.

Examiner Insights

Conclusion

Attempts punish those who try and fail. Test whether the act was more than merely preparatory, confirm the intention to commit the full offence, and remember that impossibility is no escape after Shivpuri.