A defendant who attempts a crime must do the very last act dependent on him before he can be convicted. This is clearly too late, especially as that person will already have formed a culpable mens rea.

Critically analyse whether the law governing attempts is satisfactory, in light of the above comment.

Essay outline answer

You need to be able to deal confidently with both the actus reus and mens rea of attempts under s 1 Criminal Attempts Act 1981. It is up to you whether you deal with mens rea first (see p 112 above) but if you do, explain why you are diverting from normal academic practice. Leading cases on the ‘more than merely preparatory’ stage include Jones [1990], Gullefer [1990], Campbell (1991), and Geddes [1996], and you are urged to remember that the inconsistencies can in part at least be explained by the fact that it is a jury question. In conclusion, you might explain the rationale behind attempts (which could bring in the rationale behind all inchoate liabil­ity) in order to answer the question.