Actus Reus Of Attempts Flashcards
Is the actus reus defined in the statute
No so if evidence points towards an attempt a judge will leave it to the jury to decide
Why is the actus reus of attempts difficult/ confusing
What is Preparatory” and what is more than merely preparatory as demonstrated in jones 1990
Case summary of r v jones
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
In Jones was he convicted
Yes because his actions were more than Merely preparatory
What are the common law tests
Designed to help the jury before there was a statute
Name common law tests
Proximity/last act
Rubicon test
Series of acts
Do they still use common law tests
No they are no longer binding but they are persuasive
What is the proximity test
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
Does the proximity test look forward or backwards
Backwards from full offence whereas statue looks forward from preparatory acts
What is the rubicon test
Jurors look for the point where d has crossed the rubicon or has gone beyond the point of no return
What is the series of acts test
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
Where was the series of acts test used
Boyle and Boyle
Facts of Boyle and Boyle
D found guilty of attempted burglary when their conduct was interrupted by a police who found them next to a door with broken padlock
Legal principle from Boyle and Boyle
Used series of acts test
What provided clearance on attempts
Attorney generals reference (no 1 of 1992)
What did attorney generals reference say
D need not have performed the last act before the proper crime. D need not have reached the point of no return
Facts r v gullefer
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
Legal principe r v gullefer
Merely preparatory
R v Campbell facts
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
Legal principle r v Campbell
Merely preparatory
Shows difficult balance for police intervention as they must ensure public safety but needs enough evidence
R v tosti facts
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
Legal principle r v tosti
More than merely preparatory
R v geddes facts
Found in boys toilets with rucksack of string tape and knife. Charged with false imprisonment but quashed
Legal principle r v geddes
Merely preparatory
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
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?
What is ten actus reus of attempts as per s1 criminal attempts act 1981
A person does an act that is more than merely preparatory to the commission of that offence
