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6 Cards in this Set
- Front
- Back
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Actus reus of an attempt under s.1(1) CCA 1981. |
D has done an act which is more than merely preparatory to the commission of the full offence. |
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Principle from AG ref (No.1 of 1992)(1993) |
D does not have to do the last act before the full offence is complete. |
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Interpretation of 'more than merely preparatory' (MTMP) in GEDDES. |
D will not satisfy the actus reus if: -He only gets ready to commit the full offence. -Only equips himself to commit the full offence. |
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Mens rea of an attempt. |
D must have intended to commit the full offence. |
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Law regarding attempting the impossible. |
It does not prevent a conviction for attempt if it is factually impossible for D to commit the full offence. |
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Effect of abandoning the commission of an offence after doing something MTMP. |
-It makes no difference whether the failure is due to D voluntarily stopping, the intervention of police or any other reason. -D is still guilty. |
