Professional Documents
Culture Documents
• White (1910)
The Actus Reus of attempts
• Intention
• The essence of attempt is D’s intention.
• In Walker and Hayles (1990), the Court of
Appeal applied the Nedrick (1986)
direction on oblique intent in the common
law to ‘intent’ in s.1 of the 1981 Act.
Conditional intent
• Attempted theft and burglary cases have caused
difficulties when it comes to framing the
indictment. The problem is that most burglars,
pickpockets, etc. are opportunists who do not
have something particular in mind to steal. Two
cases from the l970s illustrated the problem:
• Easom (1971)
• Husseyn (1977)
• Attorney-General’s Reference (Nos. 1 and 2 of
1979) (1979),
The relevance of recklessness
• Consequences
• Recklessness has a role to play in
attempts. In Attorney-General’s Reference
(No.3 of 1992) (1994),
Circumstances