Why is recklessness as to a consequence insufficient for attempt even when it suffices for the complete offence?

Attempt specifically requires intention to commit the full offence. The law demands a higher mental element for inchoate liability than may be required for the substantive offence. Recklessness as to a circumstance can still suffice where it suffices for the full offence (R v Khan 1990).

Who decides whether an act is more than merely preparatory in a criminal trial?

It is a question of fact for the jury, once the judge determines there is sufficient evidence to leave the issue to them.

OCR A-Level Law H418

Civil Courts and Other Forms of Dispute Resolution

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Preliminary Offences

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Preliminary Offences

Attempts

7 things to know
Component 1

Overview

Recall questions on the offence of attempt under section 1(1) of the Criminal Attempts Act 1981, the more than merely preparatory test and the roles of judge and jury, conditional intent, and why attempt requires intention as to consequences so that recklessness is not enough.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Why is recklessness generally insufficient for attempt, and where can it still suffice?

Key term

When does conduct amount to a criminal attempt?

Key term

Why does the law demand intention for attempt, and where can recklessness still suffice?

Key term

What does the actus reus of attempt require in terms of the defendant's actions?

Key term

What level of mens rea is required for the offence of attempt?

Key term

What does 'more than merely preparatory' mean in the context of attempt?

Key term

How does the law distinguish between preparation and attempt?

Questions from this subtopic

Each one with the model answer underneath.

1
What does the actus reus of attempt require in terms of the defendant's actions?
Model answer
An act that is more than merely preparatory to the commission of the full offence.
2
What level of mens rea is required for the offence of attempt?
Model answer
Intention to commit the full offence; recklessness as to a consequence is insufficient even where it would suffice for the full offence, but recklessness as to a circumstance can suffice (R v Khan 1990).
3
Why is recklessness as to a consequence insufficient for attempt even when it suffices for the complete offence?
Model answer
Attempt specifically requires intention to commit the full offence. The law demands a higher mental element for inchoate liability than may be required for the substantive offence. Recklessness as to a circumstance can still suffice where it suffices for the full offence (R v Khan 1990).
4
What does 'more than merely preparatory' mean in the context of attempt?
Model answer
The defendant must have embarked upon the crime proper, moving beyond planning or preparation into the actual commission of the offence.
5
How does the law distinguish between preparation and attempt?
Model answer
Preparation involves planning or getting ready, whereas attempt requires the defendant to have moved from preparation into actually embarking upon the commission of the crime itself.
6
Who decides whether an act is more than merely preparatory in a criminal trial?
Model answer
It is a question of fact for the jury, once the judge determines there is sufficient evidence to leave the issue to them.

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