Attempts

Question 1

what is the laws main aim when dealing with attempts

Answer 1

if a defendant fully intends to commit a crime but for some reason fails, then the law on attempts is available to ensure that they can be prosecuted

Question 1

what is the laws main aim when dealing with attempts

Answer 1

if a defendant fully intends to commit a crime but for some reason fails, then the law on attempts is available to ensure that they can be prosecuted

Question 2

what will happen if a defendant is found guilty of an attempted crime

Answer 2

they will usually face the same maximum sentence that they would for the full offence

Question 3

what is a case where the law on attempts allowed somebody to be convicted of the attempted murder of their mother

Answer 3

white, d poisoned his mother, she died of an unrelated heart attack. the prosecution could not prove that her death was a consequence of his actions, but he could be convicted of the attempted murder of his mother.

Question 3

what is a case where the law on attempts allowed somebody to be convicted of the attempted murder of their mother

Answer 3

white, d poisoned his mother, she died of an unrelated heart attack. the prosecution could not prove that her death was a consequence of his actions, but he could be convicted of the attempted murder of his mother.

Question 4

what is the main act for attempts

Answer 4

the criminal attempts act 1981

Question 5

what main point does the criminal attempts act 1981 give on attempts

Answer 5

if with intent to commit the offence ‘a person does an act which is more than merely preparation for the commission of the offence, he is guilty of committing the offence’

Question 6

what is the actus reus for an attempted crime

Answer 6

‘more than merely preparation’

Question 7

what is a case involving a greyhound where there was not more than mere preparation

Answer 7

gullefer, defendant ran ont racetrack when it became apparent when the grehound that he had laced an £18 bet on was not going to win, he was charged with attempted theft of £18 from the bookmaker. Upon appeal, it was said that d had not committed more than mere preparation thus was not guilty.

Question 8

what is a case involving the defendant getting into somebody’s car and attempting murder

Answer 8

Jones, d got into the victims car and pointed a gun at his head saying ‘you are not going to like this’. this was more than mere preparation therefore d was convicted of attempted murder.

Question 9

what is a case involving a boy leaving a rucksack in a school toilet

Answer 9

Geddes. D was found in a school toilet leaving a rucksack with a knife, string and tape. Although it was clear that he had intention, he did not go beyond the stages of preparation into the implementation phase.

Question 10

what two key questions that must be asked in attempts cases di the case of geddes introduce

Answer 10

1. had the accused done an act which showed he was going to commit the full offence
2. had the accused moved from planning and preparation to execution or implementation.

Question 11

what is a case involving a barn where there was attempted burglary

Answer 11

tosti. d left specialist equipment near the barn they intended to break into. they went to the barn door to examine the lock but ran away when they noticed they were being watched. COA upheld their convictions of attempted burglary.

Question 12

what is the mens rea for attempts

Answer 12

intention will suffice the MR

Question 13

what is a case involving a bathtub

Answer 13

whybrow. a wife was in the bathtub and complained of feeling an electric shock. machinery was found connected to the soap dish which would cause a life threatening shock, if prepared intentionally, this would be show intent for murder. D was guilty of attempted murder.

Question 14

what is a case involving intent for attempted rape

Answer 14

r v khan and others. three men raped a 16 year old girl and four others attempted to rape her. the attempted rapists argued that they were reckless as to whether she had consented or not, therefore could not have the sufficient intent for attempted rape. the trial judge told the jury that they could convict them of attempted rape even if they had the full intent to have sexual intercourse with her but were reckless as to whether she consented.

Question 15

explain the rules for conditional intent

Answer 15

conditional intent may arise where a defendant has intent to commit a crime, but no specific crime. For example, having intention to steal anything with value.

Question 16

what is a case for conditional intent

Answer 16

husseyn. two men were seen standing behind a van that contained diving gear. they had intent to steal anything valuable. they were convicted with an attempt to steal the diving gear however this was quashed because they did not have that specific intention.

Question 17

what does the criminal attempts act 1981 say about attempts to commit impossible crimes.

Answer 17

a person may be guilty of committing an offence ‘even though the facts are such that the commission of the offence was impossible’

Question 18

what is a case where somebody attempted an impossible crime but was not convicted

Answer 18

anderton. d confessed to the police that she had bought a video recorder that she believed to be stolen. the police found no evidence that the video recorder was stolen, therefore she was convicted with attempting to handle stolen goods. the coa quashed her conviction, which was surprising because based off the exact words in the criminal attempts act 1981 she would be guilty.

Question 19

what is a case where somebody was convicted with attempting an impossible crime

Answer 19

shivpuri. d agreed to receive a suitcase which he believed contained prohibited drugs. the suitcase was delivered to him but only contained snuff and harmless vegetable matter, he was convicted of attempted to be knowingly concerned in the dealing of prohibited drugs.

Question 20

what are the rules around attempting a crime that does not exist.

Answer 20

if the commission of a crime is impossible because there is no such offence, then the defendant cannot be guilty of it

Question 21

what is a case for attempting to commit a crime that does not exist

Answer 21

taafe. ds luggage was searched upon arrival in the uk, he declared that the bags contained money, he thought it was a crime to import currency.there is no such crime so the defendant cannot be guilty of attempting it.