Attempts Flashcards
s.1 Criminal Attempts Act 1981
“With intent to commit an offence…. a person does an act which is more than merely preparatory”
s.2 Criminal Attempts Act 1981
Attempt punishable to same extent as substantive offence
AG Ref no.1 1992 (1993)
D dragged gierl to shed and lowered his trousers and assaulted her but did not rape her.
Court held D still guilty - need to have done last act before substanive offence - point of no return
Gullefer Test 1990
More than merely preparatory means D ‘Embarked on Crime Proper’
R v Gullefer 1990
D placed bet at Races, seeing dog was losing, hoped onto track hoping to void race and get refund.
Court held NG of attempted theft as acts were only preparatory - as not attempted to retreive money
R v Campbell 1991
D arrested within yards of post office with imitation firearm - charged with attempted burglary
Quashed - Acts were only preparatory
if entered post office then would have been G
Gullefer test approved
R v Rowely 1991
D left notes in lavatory offering money and presents to boys
Notes not indecent but meant to lure boys
Charged - court held NG as acts preparatory - notes needed to specify a proposition
R v Widdowson
D attempted to hire a car under a false name
Was charged with attempted fraud
Only filled in forms not submitted
NG only preparatory - only offence if submitted
Geddes Test
- Had D moved from preparation to implementation
- Had D done something tangible to show he was trying to commit an offecne or were his actions simply putting himself into a postion to commit the offence
R v Geddes
D discovered by a teacher in the boys lavatory. He left when challenged, leaving his rucksack which contained:
Rope, tape and a knife
Court quashed his conviction as he was still in the preparation stage
R v Jones 1990
D got into car with v and pointed gun at him and said “youre not going to like this”
Disarmed by v and thrown from car
Corut held upheld convicition and held that more than merely preparatory
R v Boyle & Boyle
Ds’ found guilty of attempted burgalry after being caughten standing next to a door with the lock and hinge damaged
The damage of the door moved D from MTMP to ECP
R v Tosti & White
D found examing lock when arrested, car was found concealed and containing oxygen cutting equipment
Found to be MTMP and D had moved it ECP
R v Easom
D picked up bag in cinema looked through and when D found nothing of value he put it back. Court found he the mens rea as had no ‘intention to permentantly depreive’
OVERTURNED in AG ref no.1 & 2 1979A
AG Ref No.1 & 2 of 1979
Conditional intent can form the requsite mens rea for attempted theft
