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Criminal Attempts$
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R. A. Duff

Print publication date: 1997

Print ISBN-13: 9780198262688

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262688.001.0001

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The Conduct Element in Attempts

The Conduct Element in Attempts

(p.33) 2 The Conduct Element in Attempts
Criminal Attempts

R. A. Duff

Oxford University Press

This chapter examines the conduct element in criminal attempts. It attempts to answer the question about what kind of act is required and how far must the intending criminal have progressed in actualizing the intention in order to establish criminal liability. It evaluates several types used in distinguishing attempts from conduct falling short of an attempt. These include the ‘first’ and ‘last act’ test and Salmond's unequivocality test. This chapter provides examples of different conceptions of criminal attempts and discusses the relevance of voluntary abandonment.

Keywords:   criminal attempts, conduct element, criminal liability, Salmond's test, unequivocality test, voluntary abandonment

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