Attempted Offences

Question 1

What act and section does the definition of attempts come under?

Answer 1

S.1(1) Criminal Attempts Act 1981

Question 2

What is the definition of a criminal attempt?

Answer 2

If with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence

Question 3

What is the actus reus of the law of attempts?

Answer 3

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

Question 4

What is the mens rea of the law of attempts?

Answer 4

Intent to commit that offence

Question 5

What are some case examples of ‘mere preparation’?

Answer 5

R vs Gullefer
R vs Geddes

Question 6

What is the POL from R vs Gullefer?

Answer 6

D jumping onto the racetrack was the preparation to sabotage the race for his bet, but he didn’t act on it so was merely preparatory

Question 7

What is the POL from R vs Geddes?

Answer 7

A man that was found in a boy’s toilet attempted false imprisonment, but he only got as far as the planning stage

Question 8

What are some case examples of ‘beyond mere preparation’?

Answer 8

R vs White
AG Ref (No1 1992) 1993
R vs Boyle and Boyle
R vs Jones

Question 9

What is the POL from R vs White?

Answer 9

Putting the poison in his mother’s drink was going beyond mere preparation and actually attempting the offence - she instead died of a heart attack before she drunk the drink

Question 10

What is the POL from AG Ref (No1 1992) 1993?

Answer 10

Dragging the girl to the shed was the preparation of the rape but pulling his trousers down was going beyond mere preparation

He argued that because his penis remained flaccid it couldn’t be attempted rape

Question 11

What is the POL from R vs Boyle and Boyle?

Answer 11

Standing by the door was mere preparation but breaking the lock was beyond mere preparation

Question 12

What is the POL from R vs Jones?

Answer 12

Buying the gun and loading it was the preparation but getting in the car with the victim with the gun was beyond mere preparation

Question 13

What case states that it could be the inability to commit the actus reus because of a sudden lack of mens rea?

Answer 13

R vs Campbell

Question 14

What is the POL from R vs Campbell?

Answer 14

D was going to rob a post office but admitted when he got there, he had changed his mind and went home - held as merely preparatory

Question 15

What intention must D have for the mens rea of an attempt?

Answer 15

The same intention as would be required for the full offence

Question 16

What case outlined the ruling around conditional intent and attempts?

Answer 16

AG Ref Case 1979

Question 17

What is the POL from AG Ref Case 1979?

Answer 17

If D had conditional intent, he can be charged with attempted theft

Question 18

What case followed and confirmed the ruling in AG Ref Case 1979?

Answer 18

R vs Easom

Question 19

What is the POL from R vs Easom?

Answer 19

Intended to steal if there was something worth stealing = conditional intent - enough for attempted theft

Question 20

What case created confusion around the MR of attempts?

Answer 20

Pace and Rogers

Question 21

What is the POL from Pace and Rogers?

Answer 21

The idea is that the MR is the ‘intent’ to commit the full offence but perhaps the Supreme Court needs to clarify this

Question 22

What is the MR for attempted murder?

Answer 22

There must be an intention to kill, nothing else will suffice

The MR for the actual offence of murder is intent to kill or cause GBH - the intent to inflict GBH is not enough for an attempt

Question 23

What is the case for attempted murder?

Answer 23

R vs Whybrow

Question 24

What is the POL from R vs Whybrow?

Answer 24

Attempted murder when D wired up his wife’s bath as he had the intention to kill

Question 25

What case states recklessness is not a sufficient mens rea for an attempted offence?

Answer 25

Millard and Vernon

Question 26

What is the POL from Millard and Vernon?

Answer 26

D repeatedly pushed a wooden fence and were convicted of attempted criminal damage - on appeal it was held as reckless and that is only sufficient for the actual offence

Question 27

What case states that recklessness can be part of the offence as long as intention is still present?

Answer 27

AG Ref (No3 of 1992) 1994

Question 28

What is the POL from AG Ref (No3 of 1992) 1994?

Answer 28

He was reckless in endangering life, but had the intent to damage property when he threw the bomb at the car

Question 29

What act and section does the definition of impossibility come from?

Answer 29

S.1(2) Criminal Attempts Act 1981

Question 30

What is the definition of impossibility?

Answer 30

A person may be guilty of attempting to commit an offence though the facts are such that the commission of the offence is impossible

Question 31

What is the case for impossibility?

Answer 31

R vs Shivpuri

Question 32

What is the POL from R vs Shivpuri?

Answer 32

Convicted of attempting to be knowingly concerned in dealing illegal drugs, even though there were no drugs in his suitcase As he genuinely believed that he could deal drugs and had the intention to it does not matter that it was actually physically impossible to fully commit the act