1B - Preliminary Offences - Case List

Question 1

AG’s Ref No.1 1992

Answer 1

Need to have reached the point of no return

Question 2

Gullefer

Answer 2

Have to ‘embark on the crime proper’

Question 3

Geddes

Answer 3

Had the accused moved beyond planning and preparation to execution and implementation

Question 4

Campbell

Answer 4

Robbery - D’s actions were not more than merely preparatory

Question 5

Boyle and Boyle

Answer 5

Burglary - once the D’s had entered they would be committing burglary so trying to gain entry was an attempt
= part of a ‘series of acts’ test = the ‘last act test’ = attempt

Question 6

Tosti

Answer 6

Burglary - the last act would have been looking at the lock before doing the unlawful act of damage

Question 7

Jones

Answer 7

D had done almost everything he could before committing the actual offence

Question 8

Easom

Answer 8

conditional intent is not enough for completed theft

Question 9

AG’s Ref No 1 and 2 1979

Answer 9

If D had conditional intent, they can now be charged with an attempt to steal

Question 10

Whybrow

Answer 10

only intent to kill is enough for attempted murder - eliminating s.18

Question 11

Walker and Hayles

Answer 11

intend to kill can be direct or indirect intent

Question 12

Shivpuri

Answer 12

impossible for D to commit the offence, but they had the intention