Attempt Cases Flashcards
R v Mohan
Facts:
- Wanton driving ti cause bodily harm to police officer
Held:
- Intention is necessary
R v Kahn
Facts:
- Attempted rape
Held:
- Where there is an additional MR requirement, the 2nd requirement will be what it is in the statute (can be less than intent)
Campbell & Bradley v Ward
Facts:
- Attempted theft of car battery
Held:
- Equivocality test
R v Harpur
Facts:
- Fake children
- Intent to assault
Held:
- Strong evidence of intent can assist in assessing the significance of acts done towards the commission of the intended offence
Johnston v R
Facts:
- Man in back garden
Held:
- Upholds Harpur
Taia v Police
Facts:
- Man drunk asleep in car with engine on
- Claiming just there to warm up
Held:
- No intent present
- Did not satisfy Harpur
R v Donnelly
Facts:
- Receiving stolen property
- Property already returned to owner by police
Held:
- Legal impossibility
- 6 categories of impossibility:
1. Changes mind before proximate act
2. Changes mind after proximate act
3. Stopped by outside agent
4. Failue due to own ineptitude
5. Finds it impossible to commit
6. The offence is not an offence
- ONLY not liable under 1 and 6
Nicholls v R
Facts:
- Texted boyfriend on run where police were
- He had already been arrested
Held:
- Factual impossibility not defence
R v Barlow
Facts:
- Tried to hire hitman to kill parents
Held:
- Donnelly catergory 3 and 4
- Liable
Police v Jay
Facts:
- Attempt to receive narcotics - were actually hedge clippings
Held:
- Factual impossibility is no defence
Leckey v AG
Held:
- Judge to rule on questions of law, jury on questions of fact
R v L
Held:
- Accepted Khan approach was correct.
R v Murphy
The general rule for attempt = nothing short of intention is required
