Attempt (P1) Flashcards
What is meant by an attempt?
An attempt occurs where a person with the relevant mens rea does an act which is more than merely preparatory to the commission of an offence.
What is the Actus Reus of attempt?
A person does an act which is more than merely prepatory to the commission of the offence
What is the Mens Rea of attempt?
With intent to commit the offence
Why were R v Geddes and R v Campbell held to be ‘mere preparation’ and not more?
R v Geddes: It can be seen that Geddes had not quite moved from planning or preparation to execution. Also, it can be argued that he only got as far as getting ready, or putting himself in a position to commit the full offence.
R v Campbell: He had not entered the post office
Why were R v Boyle & Boyle, R v Tosti & R v Jones seen as more than merely prepatory?
R v Boyle & Boyle: Once in the building they would have committed burglary, so trying to gain access to it is attempted.
R v Tosti: examined padlock
R v Jones: Once D got in the car and pointed gun at V, it became attempted
What is the importance of R v Eason & R v Husseyn?
R v Eason: D picked up a woman’s handbag and looked through it but put it down. In this case, there was no evidence that D intended to permanently deprive the owner of the bag or items in it. Therefore, not guilty of attempt.
R v Husseyn: D & another man loitering around a van. Police approached so they ran off. D was convicted of attempting to steal equipment. COA quashed conviction.
What case is used for attempting the impossible?
R v Shivpuri: D agreed to receive a suitcase which he thought contained drugs. It did not contain drugs when it arrived, but he was still guilty as he truly believed their was drugs in it.
