Attempts

Question 1

what is an attempt?

Answer 1

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

Question 2

what is a case example of attempted murder?

Answer 2

R v White

Question 3

what is the actus reas for attempts?

Answer 3

an act which is ‘more than merely preparatory’

Question 4

attorney generals’s reference No 1 and merely preparatory

Answer 4

D need not have performed the last act before the crime proper, nor need he/she have reached the point of ‘no return’

Question 5

R v Gullefer

Answer 5

more than merely preparatory means D must have gone beyond merely preparatory act and ‘be embarked on the crime proper’
D’s acts were merely preparatory.

Question 6

when does an attempt begin?

Answer 6

when ‘the merely preparatory acts have come to an end and D embarks on the act proper’

Question 7

R v Geddes

Answer 7

only preparatory, only put himself in position where he can take a pupil
2 questions- has D moved from planning to execution, and has D done an act showing they were trying to commit full offence

Question 8

R v Campbell (1990)

Answer 8

had an imitation gun and threatening note, was on street outside post office, conviction for robbery quashed as next step would be to go into the post office

Question 9

R v Boyle and Boyle- there was an attempt

Answer 9

burglary, D found standing by door where lock was broken, conviction upheld, held that the test to use was whether D was embarking on the crime proper

Question 10

R v Jones

Answer 10

buying gun, shortening it is preparatory act, once D got into V’s car and pointed gun at V= attempt

Question 11

what is the mens rea for attempts?

Answer 11

D must have intention required for the full offence

Question 12

case that shows if D had no intention required for offence, then not guilty

Answer 12

R v Easom- no evidence that D had intention to permanently deprive owner of the bag or items in it = he could not be guilt of attempted theft
surely D did intend to steal something?

Question 13

where was problem from Easom resolved?

Answer 13

Attorney General’s Reference (1979) - decided if D had conditional intent, then could be charged with attempt to steal

Question 14

mens rea for attempt and murder?

Answer 14

for attempted murder, must prove intention to kill, intention to cause harm is not enough
R v Whybrow

Question 15

is recklessness enough for mens rea?

Answer 15

R v Millard and Vernon- reckless not sufficient even where recklessness would suffice for the full offence

Question 16

attempts and impossibility?

Answer 16

person can be guilty of an attempt even if the commission of the full offence was impossible - R v Shivpuri (believed he was dealing drugs but it was actually vegetables)