Attempt: the actus reus and more than merely preparatory

Overview

Section 1(1) of the Criminal Attempts Act 1981, the more than merely preparatory test, which offences can be attempted, and the division of labour between judge and jury in deciding where preparation ends.

What you need to know

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Questions from this subtopic

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1. 1

   Which statute defines a criminal attempt?

   Model answer

   Section 1(1) of the Criminal Attempts Act 1981 defines attempt. A person is guilty who, with intent to commit an offence, does an act more than merely preparatory to its commission.

2. 2

   State the actus reus of attempt.

   Model answer

   The defendant must do an act that is more than merely preparatory to the commission of the offence. Mere planning and preparation are not enough.

3. 3

   To which offences does the law of attempt apply?

   Model answer

   Attempt applies to offences triable on indictment. Summary offences, conspiracy and secondary participation are excluded.

4. 4

   What sentence may be passed for an attempt?

   Model answer

   An attempt carries the same maximum sentence as the completed offence. Section 4 of the Criminal Attempts Act 1981 provides for that.

5. 5

   Who decides whether an act was more than merely preparatory?

   Model answer

   The jury decides whether the act was more than merely preparatory. The judge decides first whether there is evidence capable of supporting that finding.

6. 6

   Which case asked whether the defendant had embarked on the crime proper?

   Model answer

   R v Gullefer [1990] asked whether the defendant had embarked on the crime proper. A man who ran onto a greyhound track to have a race declared void was not yet attempting theft.

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