Actus Reus Of Attempts

Question 1

Is the actus reus defined in the statute

Answer 1

No so if evidence points towards an attempt a judge will leave it to the jury to decide

Question 2

Why is the actus reus of attempts difficult/ confusing

Answer 2

What is Preparatory” and what is more than merely preparatory as demonstrated in jones 1990

Question 3

Case summary of r v jones

Answer 3

Jones girlfriend was seeing another man, decided to kill him and bought a shotgun, loaded it, left home in disguise with gun, jumped into v car and pointed the gun at him. V grabbed sun and threw it away

Question 4

In Jones was he convicted

Answer 4

Yes because his actions were more than Merely preparatory

Question 5

What are the common law tests

Answer 5

Designed to help the jury before there was a statute

Question 6

Name common law tests

Answer 6

Proximity/last act
Rubicon test
Series of acts

Question 7

Do they still use common law tests

Answer 7

No they are no longer binding but they are persuasive

Question 8

What is the proximity test

Answer 8

Made it clear that only acts immediately connected with the carrying out of an offence were to be considered as attempt. Earlier acts are too remote
Eagleton

Question 9

Does the proximity test look forward or backwards

Answer 9

Backwards from full offence whereas statue looks forward from preparatory acts

Question 10

What is the rubicon test

Answer 10

Jurors look for the point where d has crossed the rubicon or has gone beyond the point of no return

Question 11

What is the series of acts test

Answer 11

The series of acts test requires d to perform a series of acts that would have lead to the commission for the full offence if D had not been interrupted

Question 12

Where was the series of acts test used

Answer 12

Boyle and Boyle

Question 13

Facts of Boyle and Boyle

Answer 13

D found guilty of attempted burglary when their conduct was interrupted by a police who found them next to a door with broken padlock

Question 14

Legal principle from Boyle and Boyle

Answer 14

Used series of acts test

Question 15

What provided clearance on attempts

Answer 15

Attorney generals reference (no 1 of 1992)

Question 16

What did attorney generals reference say

Answer 16

D need not have performed the last act before the proper crime. D need not have reached the point of no return

Question 17

Facts r v gullefer

Answer 17

D placed bet on greyhound which was loosing so he climbed into the track to abandon the race so he could get his money back. Conviction quashed as acts were merely preparatory

Question 18

Legal principe r v gullefer

Answer 18

Merely preparatory

Question 19

R v Campbell facts

Answer 19

Arrested outside a post office with an imitation gun. Conviction quashed as acts were merely preparatory as the police should have waited until he entered the post office

Question 20

Legal principle r v Campbell

Answer 20

Merely preparatory

Shows difficult balance for police intervention as they must ensure public safety but needs enough evidence

Question 21

R v tosti facts

Answer 21

D and friend had equipment to burgle a bar and hid it in bush they were aware they were being watched and ran off
Conviction upheld

Question 22

Legal principle r v tosti

Answer 22

More than merely preparatory

Question 23

R v geddes facts

Answer 23

Found in boys toilets with rucksack of string tape and knife. Charged with false imprisonment but quashed

Question 24

Legal principle r v geddes

Answer 24

Merely preparatory

Question 25

What did the court of appeal suggest the following questions should be asked to establish if events were more than merely preparatory in r v geddes

Answer 25

Had the accused moved from planning or preparation to execution or implementation?
Had the accused done an act showing he was actually trying to commit the full offence of had he only got as far as getting ready to do so?

Question 26

What is ten actus reus of attempts as per s1 criminal attempts act 1981

Answer 26

A person does an act that is more than merely preparatory to the commission of that offence