Attempts Flashcards
what is meant by an inchoate offence?
when no complete offence is committed but there is still liability
where can the statute on attempts liability be found?
Criminal Attempts Act 1981 s1(1)
what is required for liability for an attempt?
‘an act which is more than merely preparatory to the commission of the offence’
what is the AR for attempts?
an act which is more than merely preparatory to the commission of the offence
what is the MR for attempts?
intent to commit the offence
what is the leading case for establishing what constitutes as ‘more than merely preparatory’?
Gullefer 1990
what were the facts of Gullefer?
what did it establish?
D jumped onto dog race track to stop the race and have all bets returned once he saw his horse was loosing
not attempted theft
for an attempt, D must be seen to ‘have gone beyond the realm of mere preparation and embarked upon the actual commission of the offence’
what case established that it doesn’t have to be the fulfilment of the last act before the crime in order to establish liability?
(aka. committal of A preparatory step is sufficient)
Jones 1990
D having the intention of killing V (a love rival) and sitting in the back of their car is sufficient
did not need to have taken off the safety lack or pulled the trigger in order for it to be an offence
what cases found a more than merely preparatory act was present? x4
(AR for attempts satisfied)
Tosti
attempted burglary - examining padlock and cutting equipment found nearby
Toothill
attempted burglary - knocking on Vs door with intention to rape
AG Ref No1 of 1992
attempted rape - taking of Vs clothes, touching her sexually, remaining flaccid
Moore v DPP
attempted drink driving - stopped by police a few metres from public road over the limit
what cases found that there was not a more than merely preparatory act? x3
(AR not satisfied for attempts)
Campbell
not attempted robbery - outside post office with imitation firearm, blacked out motorcycle helmet and a note demanding money
Geddes
not attempted false imprisonment - found in school toilets, without good reason, with a knife and a rope
Mason v DPP
not attempted driving over the limit - D who was drunk prevented others leaving the locked car
how does A.P. Simester describe the distinction between incomplete attempts and preparations?
‘it seeks to capture the point at which D has embarked upon the commission of her intended crime’
How does CMV Clarkson describe as the usual way of establishing whether there was an attempt?
‘where there has been a ‘confrontation’ with the victim
how was an attempt recognised in Toothill?
knocking on the door
‘moved from the preparatory to the executory stage of his plan’
what is insufficient to establish attempted murder?
what case established this?
intention to create GBH
there must be an intention to kill
Whybrow 1951
how was the intention of an attempt described in Walker 1989?
knowledge of virtual certainty of outcome with a high probability
how was intention for attempt described in Hales 2005?
prepared to commit a criminal offence where outcome is known
ex//prepared to kill in order to escape
generally, what is the MR for attempts?
D must have intended the act, but be reckless as to the outcome of the act
how was intention showed in Khan 1990?
attempted rape
intention to have sexual intercourse and reckless as to the presence of consent
how was intention showed in AG Ref No3 of 1992?
intended arson/ fire damage with recklessness as to the endangerment of life
what case established that all elements of the attempted act have to be intended for an attempt to be made?
Pace 2014
can be reckless as to the outcome
what does Mirfield believe about MR in attempts?
agrees with Pace 2014
accused must have intended every element of the offence in order to be found to have committed an attempt
D must have intended the consequences
does not have to intended the circumstances as they lack control over this
why does Mirfield argue that the MR for attempts must be as demanding as for the complete offence?
because an attempt lacks the commission of the complete offence - full AR
therefore the intention must be clearly and unequivocally proven
what is a failure with Mirfield’s argument?
the argument doesn’t work for attempted rape
D would have had to not only intend to be reckless as to whether consent was given, but also intend that V doesn’t consent
under what section of the Criminal Attempts Act can an individual be found liable for the commission of an ‘impossible’ offence?
section 1(2)
when can a defendant be charged with the attempt of an impossible offence?
what case?
that, if the facts had been as D believed them to be, then they can be charged with the offence
R v Shivpuri
where D believed that he was transporting heroin when he was in fact transporting legal snuff
what did the HL in R v Shivpuri establish does not amount to an attempt of the impossible?
why?
the attempted commission of an offence that does not exist
cannot convict someone of something that is not criminal, even if D believed it to be and attempted it nonetheless
what did the precedent set in Shivpuri 1986 overrule in respect of liability for impossible attempts?
existing precedent was previously found in Anderton v Ryan 1985
that an individual couldn’t be found liable for an attempt of something is it was found, on the facts, to actually be legal
(video cassettes found to not have been stolen)
What were the Law Commission’s reasonings for attempts liability? x3
moral culpability and risk associated
allow police intervention
to act as a deterrent
how does the Law Commission describe the striking of a balance?
allow effective intervention to prevent harm
ensure only culpable individuals are convicted
how did the Law Commission define a more than merely preparatory act in 2007?
‘conduct by D which is sufficiently close to the final act to be properly regarded as part of the execution of Ds plan’
what is an objective approach of inchoate liability in relation to attempts?
manifestly dangerous acts
confrontation/ interaction
what is a subjective approach to inchoate liability / attempts?
that any act in preparation could amount to an attempt to commit the offence
what is the difference between a impossible attempt and an innocuous act?
impossible - shooting at a person, not knowing they’re already dead
innocuous - buying a believed stolen tape recorder when it is not stolen
what are advantages of a subjectivist approach to attempts?
disadvantages?
allows early intervention
deters the act of preparation
discounts the ability to repent - autonomy
D is coerced as to be seen as a dangerous person
what are advantages of a objectivist approach to attempts?
disadvantages?
respects autonomy and ability to repent from early preparation
incentivises desisting preparation and commission early
focuses on harm
coerces D to have committed a dangerous act
doesn’t focus on inherent wrong with preparing to undermine the law
limits scope of early intervention
