Attempts

Question 1

AR and MR of attempts

Answer 1

AR - “an act that is more than merely predatory to the commission of an offence”
MR - “with intent to commit that offence”

Question 2

Cases for “more than merely preparatory”

Answer 2

AGR 1 of 1992 - interfering with girl was attempted rape
Gullefer - jumping on to track merely preparatory to offence of stealing. Must have “embarked on the crime proper”.
Geddes - attempted false imprisonment not valid as he has not contacted students
Campbell - having gun/threatening note/sunglasses not enough as he hadn’t entered post office

Question 3

Test for attempts

Answer 3

1. Had the accused moved from planning or preparation to execution or implementation?
2. Had the accused done and act showing that he was actually trying to commit the full offence, or had he only got as far as getting ready, putting himself in a position or equipping himself to do so?

Question 4

Cases in which there was an attempt

Answer 4

AGR 1 of 1992 - interfering / lowering trousers
Boyle and Boyle - standing by a door with lock and hinge broken
Tosti - examined padlock with metal cutters hidden nearby
Jones - buying gun, shortening it, loading and disguising himself were preparatory acts, but getting into the car and pointing the gun is sufficient evidence for attempt

Question 5

Conditional interest

Answer 5

Previous decisions made in Easom and Husseyn amended

Question 6

Attempted murder

Answer 6

Only intention to kill is sufficient mr for attempted murder, not serious harm

Question 7

Recklessness in attempts?

Answer 7

Not sufficient - Millard and Vernon
Recklessness in one part of defence is enough - AGR no.3 of 1992
Criticised in Pace v Rodgers

Question 8

Statute for impossibility

Answer 8

S1(2) criminal attempts act 1981 “a person may be guilty of attempting to commit an offence … even though the facts are such that the commission of the full offence is impossible
S1(3) If the facts were as he believed them to be, his intention would be so regarded, for the purpose of subsection, he shall be regarded as having intent to commit that offence

Question 9

Cases for impossibility

Answer 9

Anderton v Ryan - all acts were innocent, not guilty
HOWEVER
Shivpuri - guilty of attempted drug dealing despite suitcase of vegetable matter and snuff