Attempts

a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence

D must exhibit physical willingness to bring about the substantive offence

D is engaged in the commission of the offence (“on the job”)

This is a question of fact, for the jury to decide

Lord Lane in “when D embarks upon the crime proper”.

Intent means D has the aim or purpose to perform the act

it is a decision to bring about the commission of the offence, whether D desired it or not

It can also be evidenced where D had foresight that the commission of the offence was virtually certain

The substantive crime can be established from intention to bring about a lesser outcome - attempted murder requires intent to kill

Conditional intent is not sufficient for attempted theft

D may still be guilty of an attempt even though the facts are such that the commission of the offence is impossible.

Even if the result they intended, if achieved, would not be the crime they believed would be committed. R v Shivpuri