Attempts Flashcards
R v Cline
Facts: Accused asks boys to carry suitcases, almost all said no but the ones who said yes he sexually assaulted.
AR must be more than mere prep
R v Deutsch
Facts: Man placed ads for sales assistant, told them they’d have to sleep with clients. Charged with attempting to procure prostitutes
New trial ordered. TJ did not establish necessary intent. AR could have qualified
R v Ancio
Facts: Husband breaks into wife’s new lovers house with a gun. New lover threw chair at accused, gun went off.
Analysis:
• intention to commit the offence of murder must include intent to kill. The mens rea of attempted murder cannot be less than specific intent to kill
• Mental state falling short of that level could be an aggravated assault, but not an attempted murder
R v Sorrell
Facts: 2 armed men wearing balaclavas go to chicken store, store had closed early so they leave.
Held: Appeal dismissed. TJ erred in concluding AR not satisfied (this was beyond mere preparation) but was not sure BRD of MR to rob, which is a question of fact.
Evidence of intent may be sufficient for equivocal acts to constitute attempt. Not so if no evidence of intent.
Haughton v Smith
Facts: Accused was part of corned beef heist, disposed of van and then handles stolen goods. However, corned beef was no longer stolen when he handled because it was back in law enforcement custody, they were just trying to trap accused. Charged with attempt to handle stolen goods.
Held: Acquitted. Can’t be charged for attempt of a crime that never would have been successful (for example, if you stab a person lying on the ground to kill them but they’re already dead, you can’t be charged for attempted murder).
US v Dynar
Facts: Accused met with FBI informant to help launder money. FBI aborted sting by pretending to arrest informant before any crime was committed.
Held: Rejected Haughton. The absence of an attendant circumstance is irrelevant from the point of view of the law of attempt. An accused is guilty of an attempt if he intends to commit a crime and takes legally sufficient steps towards its commission
Only imaginary crimes fall outside the scope
