Attempted Offences ✅

Question 1

What is meant by the last act test?

Answer 1

Had D done the last thing he could do before committing the crime?

Question 2

What is meant by the proximity test?

Answer 2

Were the defendants actions so immediately connected to the AR of the offence for it to justify liability of the attempt?

Question 3

What is the definition of an attempted offence under S1(1) of the criminal attempts act?

Answer 3

If, with intention to commit an offence to which this section applies, a person does an act that is more than merely proprietary to the commission of that offence, he is guilty of committing the crime

Question 4

What is the punishment for an attempted offence

Answer 4

The attempt is punishable to the same extent as the substantive offence

Question 5

What is the significance of R v White?

Answer 5

Poison in mothers drink, she had a heart attack before she drank it and died - attempted murder

Question 6

What is the significance of R v Jones?

Answer 6

Action if pointing a gun at V was more than merely preparatory (memp)

Question 7

What is the significance of R v Gullfer?

Answer 7

MTMP - “Embarked on the crime proper”

Jumped on track at dog race so it would be void

Question 8

What is the significance of R v Geddes?

Answer 8

Poses questions: had D moved from planning and prep to execution and implementation?

Has D done an act that shows he’s trying to commit the full offence?

His in boys toilets at a school with a knife, rope and duct tape, however made no contact with pupils.

Question 9

What is the significance of R v Campbell?

Answer 9

D had sunglasses and imitation gun and threatening note and stood outside post office.

Conviction quashed - still preparing

Question 10

What is the significance of AGR number 1 of 1992?

Answer 10

Not having performed the act or reached the point of no return - attempted rape can happen before penetration

Dragged girl to shed and lowered trousers but no erection

Question 11

What is the significance of R v Boyle and Boyle?

Answer 11

Movement before - found by door with lock and one hinge broken

Question 12

What is the significance of R v Tosti?

Answer 12

Had metal cutting equipment and inspected padlock but didn’t cut it

• movement before

Question 13

What is the significance of R v Mohan?

Answer 13

A decision to bring about the commission of that offence

Driving with attempted GBH - policeman stepped out to indicate for D to stop and D sped up and drove at policeman

Question 14

What is the significance of R v Whybrow?

Answer 14

D wired bathtub to give electric shock.

Only intent to kill is sufficient for attempted murder, he only had the intent to cause GBH

Question 15

What is the significance of R v Millard and Vernon?

Answer 15

Recklessness is not sufficient

Repeatedly pushed on fence at football ground

Question 16

What is the significance of AGR number 3 of 1992?

Answer 16

Must have the full intention to some part of the offence

Threw petrol bomb at car with 4 people inside, misses and smashed against a wall

Question 17

What is the significance of R v Easom?

Answer 17

No intent to steal those particular items

Went through handbags but found nothing so put it back

Question 18

What is the significance of R v Husseyn?

Answer 18

No intent to steal those particular items

Seen loitering in the back of a van - police approached and D ran away

Question 19

What is the significance of AGR 1 and 2 of 1979?

Answer 19

Conditional intent may apply

Intent for theft - if there had been something worth stealing

Question 20

What is is S1(2)CAA - attempting the impossible

Answer 20

A person bag be guiltily of attempting to commit an offence - even though the facts are such that commission of the offence

Question 21

What is S1(3) of the CAA

Answer 21

A) apart from this subsection, a persons intentions would not be regarded as having amounted to an intent to commit an offence

B) if the facts of the case had been as they believed them to be, his intention would then be so regarded then he shall be regarded as having an intent to commit

Question 22

What is the significance of Anterton v Ryan?

Answer 22

D brought a video recorder she thought was stolen as they were so cheap, they weren’t - D wasn’t guilty as the act was impossible

Question 23

What is the significance of R v Shivpuni?

Answer 23

D believed a suitcase he received contained prohibited drugs, however it contained vegetables. D was guilty for knowingly dealing drugs