I have been given the below question to answer, I just want to know am I on the right path in thinking that as he is being tried for an indictment offence he will be tried in the crown court, by a high court judge with a jury?
I just wanted to know who has decided whether he should be tried and by what procedure, I am assuming it is connected with the provisions of the Criminal Attempts Act 1981?
Mrs Smith claims that one day last year, she saw Dan point a gun in the direction of his girlfriend and pull the trigger. The gun failed to fire because the mechanism was faulty, but Dan had not been aware of that until after he had pulled the trigger. Dan is now being tried for the attempted murder of his girlfriend, under the provisions of the Criminal Attempts Act 1981. He claims that he did not point the gun in his girlfriend’s directions alleged and that Mrs Smith is mistaken or is lying. Secondly, he claims that the act of pointing a gun in this way is not legally capable of falling within the relevant section of the 1981 Act.
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