Attempts Flashcards

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1
Q

Definition of attempt

A

-Where a person tries to commit an offence, has the MR to do it but for some reason fails to do so

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2
Q

Example of an attempt

A

-Dft fires gun at victim, intending to kill them, just as they pull the trigger, victim ties shoelace and bullet misses. Dft intended to kill but didnt succeed, can’t be murder as the victim is still alive. Charged with attempted murder

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3
Q

R v White

A

-D put cyanide in mother’s drink intending to kill her. She died of a heart attack before she could drink it. Dft not factual cause of her death, not guilty of murder but attempted murder

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4
Q

In what act is attempts defined and what does this state?

A

-S.1(1) Criminal Attemtps act 1981 (CAA) ‘If with intent to commit an offence, a person does an act which is more than merely preparatory to the comission of the offence, he is guilty of attempting to commit the offence.’ (If D’s actions are merely preparatory then there is no attempted offence)

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5
Q

What is needed for an attempt to be proved?

A

-Charge only be brought if full offence is one which is triable on indictment (summary can’t be charged as attempt of that crime)
-Act is required, cannot be an attempt at a crime that can only be committed by omission
-P must prove AR: a person does an act which is more than just preparing to commit the offence, MR: with intent to commit that offence

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6
Q

Actus reus - more than merely preparatory definition
Case names

A

-R v Gullefer
-Attorney-Gen ref no 1 of 1992
-R v Geddes

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7
Q

R v Gullefer

A

‘more than merely preparatory’ means that the dft must have gone beyond purely preparatory acts and be ‘embarked on the crime proper’
-D jumped onto greyhound racing track to void race, claim the money. Conviction for attempting to steal quashed, action merely preparatory to committing the crime

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8
Q

AG’s ref no 1 of 1992

A

-Attempt begins when the merely preparatory acts come to an end and dft embarks on the crime proper
-D dragged girl to shed, lowered trousers and sexually assaulted her, penis remained flaccid, therefore argued couldn’t attempt to commit rape. Conviction for attempted rape upheld
-Dft doesn’t need to perform last act before the crime nor reach point of no return

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9
Q

R v Geddes

A

-Shows acts only preparatory. Attempt begins when preparatory come to end and dft embarks on crime proper.
-D found in boys toilet of school with knife rope and masking tape. No right to be there. Hadn’t contacted the students.
-conviction of attempted false imprisonment quashed on appeal

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10
Q

What were the 2 questions that the court of appeal stated should be asked when considering attempts?

A
  1. Had the accused moved from planning or preparation to execution or implementation?
  2. Had the accused done an act showing he was actually trying to commit the full offence or had he only got as far as getting read or putting himself in a position or equipping himself to do so?
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11
Q

Case for merely preparatory, attempting to steal from post office

A

-R v Campbell
-D had imitation gun, sunglasses and threatening note, loitering outside post office
-Went away and returned diff appearance
-in street one metre from post office arrested and admitted he was going to rob
-quashed as merely preparatory
-next step would be for him to enter post office

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12
Q

What are the 3 cases in which there was an attempt and had gone beyond mere preparation?

A

-R v Boyle and Boyle
-R v Tosti and White
-R v Jones

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13
Q

R v Boyle and Boyle

A

-D’s found standing by a door with broken lock and hinge, conv for attempted burglary upheld.
-test whether embarking on the crime proper
-once they entered they would be committing burglary so trying to gain entry was attempt

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14
Q

R v Tosti and White

A

-D intended to burgle, took metal cutting tools and hid in hedge near property. Examined padlock, didnt damage. Guilty attempted burglary.
-Burglary committed at the moment D enters premesis as a trespasser with intent to steal or do other offences, Robbery not until actually steal and use force

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15
Q

R v Jones

A

-D’s partner told him wanted relationship to end, seeing other man, V. D bought shotgun and shortened barrel. Found v in car and got in car with helmet and visor down. Pointed at him, v grabbed and threw out window
-conviction upheld, tried to argue safety catch still on hadn’t done last act but by buying, shortening, loading and wearing visor was sufficient evidence.

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16
Q

What is the men’s rea of an attempt?

A

-D must have the same intentions which would be required for the full offence. If P can’t prove that the dft had intention them not guilty attempt.

17
Q

What are the 3 case names for men’s rea of attempt?

A

-Easom
-Husseyn
-AG’s ref no 1 and 2 of 1979

18
Q

Easom

A

-No evidence dft intended to permanently deprive the owner of the bag or the contents so not guilty of attempted theft

19
Q

Husseyn

A

D and another loitering near back of van. Police approached and ran off.
-D convicted of attempting to steal sub-aqua equipment in van
-quashed as charged with specifically trying to steal diving equipment when intention to steal anything

20
Q

AG’s reference no 1 and 2 of 1979

A

-Issue resolved.
-conditional intent (intended stealing if anything worth stealing) charged w attempt to steal some or all of contents

21
Q

What is the men’s Rea for attempted murder?

A

-P must prove an intention to kill (intent to abuse GBH is not enough for attempted murder)

22
Q

2 cases for men’s Rea for murder

A

Whybrow
Walker and Hayles

23
Q

Whybrow

A

-Intention to cause serious harm not enough for attempted murder
-D wired up wife’s bath and caused electric shock. Convicted of attempted murder
-When appeal court stressed only an attempt to kill enough for mr attempted murder, not intent to cause GBH
-NG of attempted murder

24
Q

Walker and Hayles

A

-D threw V from third floor balcony. Judge directed jury could infer intention if high degree probability that he would be killed and D’s knew there would be a high probability.
-Judge confused foresight of death with intention, should be directed in terms of virtual certainty.
-Attempted murder can be committed with the MR of oblique intention

25
Q

Recklessness cases (2)

A

Millard and Vernon
AG’s reference no.3 1994

26
Q

Millard and Vernon

A

-Recklessness not sufficient for dft to be guilty of the offence
-d repeatedly pushed a wooden fence on a stand at football ground
-P claimed they were trying to break, convicted of attempted criminal damage
-Recklessness not normally suff for men’s Rea for attempt even if would suffice for whole offence

27
Q

AG’s ref no.3 1994

A

-necessary to prove intended to cause damage to property, only need recklessness as to endangerment of life
-D threw petrol bomb towards car containing four men, bomb missed car. D charged with attempting to commit arson with intent to endanger life
-had to be proved that D intended to damage property but only necessary to prove reckless as to whether life would be endangered.

28
Q

Attempting the impossible

A

A person may intend to commit n offence and do everything they can do commit it but the offence is impossible to commit

29
Q

Act for attempting the impossible

A

-Criminal Attempts act 1981 s1(2) a person may be guilty of attempting to commit an offence, even thought facts are such that the commission of the offence is impossible

30
Q

Cases for attempting the impossible

A

Anderton v Ryan
Shivpuri
R v Jones

31
Q

Anderton v Ryan

A

-Bought video recorder cheaply, thought it was stolen. Admitted it to police. Conviction quashed because video not stolen, cheap bc defective.
-Even tho she had gone beyond merely preparatory acts, all her acts innocent as not stolen
-Yr later they overruled

32
Q

Shivpuri

A

-D agreed to receive a suitcase thought contained illegal drugs, suitcase delivered to him but nothing illegal, harmless vegetative matter
-convicted of attempting to be knowingly concerned in dealing with prohibited drugs

33
Q

R v Jones

A

-D tried to solicit young girls for sex, Amy who was police officer but he thought was 12.
-offence was attempted inciting a child under 13 to engage in sexual activity
-even though Amy not real 12 year old girl, still convicted for attempting the impossible

34
Q

Sentence for attempted murder

A

-Life imprisonment

35
Q

Sentence for attempted indictable crime

A

-Face same penalty as if being tried on indictment for that crime

36
Q

Sentence for attempted crime which is triable either way

A

-Liable on summary conviction, punishment for a summary offence

37
Q

What are the two types of impossibility?

A

-factual impossibility: can never be a defence (Shivpuri) believes he’s committing a crime and would be a crime if committed full offence
-legal impossibility (Taaffe) can be a defence. D believes he is committing a crime but it would not be a crime if he could complete it.