Attempts Flashcards
What is the other phrase used to refer to attempted offences?
Inchoate offences.
Which offences are capable of being the subject of an attempted offence?
Almost all indictable offences (ie those which are capable of being tried at the CC).
Define attempts (in accordance with the Criminal Attempts Act 1981 - CAA).
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.
Can someone be guilty of an attempt of a summary only offence?
No.
Can someone commit an attempted offence by way of omission?
No.
What do the prosecution need to prove in order to secure conviction for an attempted offence?
They need to prove the all of the elements of the AR and MR of the attempted offence in order to prove liability.
This involves proving D did an act which was more than merely preparatory to the commission of the full offence.
Explain the requirement that the act of D must be more than merely preparatory.
Subjective based on the jury’s finding.
If deemed merely preparatory, then D will cannot be guilty.
In Gullefer, he ran onto the track when greyhound was losing in order not to lose bet. Court held this was a preparatory act and therefore insufficient.
How does a court determine whether an act was more than merely preparatory in situations where it is unclear/ disputed whether the action is sufficient?
- Judge will assess whether proseuction evidence is such that jury could reasonably conclude D’s actions were not simply preparatory acts, but they actually had embarked on the commission of the offence;
- If the answer to above is no, case must be withdrawn;
- If answer to first question is yes, jury will then decide whether, as a question of fact, what D did was an attempt.
Explain the decision in R v Jones.
Jones was intending to shoot someone.
He bought gun and ammo tested the gun loaded the gun and disguised himself.
It was only when he got into the victim’s car (in order to point the gun at them) that he was deemed to have embarked on the crime (ie done an act that was more than preparatory).
What is the AR of an attempt?
AR is satisfied where D takes a step (action) to perform the AR of the relevant offence which is more than merely preparatory.
Explain the MR requirement of an attempt offence.
D must intend to commit the specific offence attempted.
This can include both direct and indirect intent (so the Woollen test applies). Effectively, foresight of the result of the crime (eg death for murder) as a virtual certainty is evidence buy can use to find intention.
Explain the decision in R v Whybrow.
it washed that for attempted murder, D must intend to kill the victim (ie intention to commit GBH is insufficient).
Explain the MR requirement for an attempted crime where an ulterior MR must be proven (eg aggravated criminal damage which requires intent/recklessness to destroying/damaging property and intent or recklessness to the endangerment of life).
The intent that use be proven is the intent to cause criminal damage.
In repost of the ulterior MR (endangerment of life) all that needs to be established is D either intended or was reckless in endangering life.
EG:
D wants to start fire at house of ex wife.
Goes to the house, takes a can of petrol and walks down driveway. Is arrested and police find lighter. D therefore has the MR and AR of attempted arson as he has embarked on the crime.
D denies intending to endanger life as he thought wife was out. If it can be proven D considering the risk that his wife was at home, this is sufficient for attempted aggravated arson (as recklessness is sufficient).
Explain the two ways in which an offence ay be impossible.
Impossible as to the end result (eg D pickpockets V but their pocket is empty); and
impossible as to the means (eg stabbing someone with a paper straw)
Does impossibility prevent an attempted offence being established?
No.
S1(2) CAA 1981 states someone can be guilty of attempting to commit an offence even though facts are such that the commission of the offence is impossible.
As such, provided D believed the offence could be carried out and undertook an action that was more than merely preparatory to the AR, he will be liable of attempting the offence.
