Attempts Flashcards
S 1 Criminal Attempts Act (1981) - important
Attempt is when ‘with intent to commit an offence… a person does an act which is more than merely preparatory to the commission of the offence’.
R v Geddes (1996) - important
Entering a toilet with a knife case in a school
The court used a 2 stage test for an attempt
-Has D moved from the planning or preparation to the execution of the offence
-Has D done an act showing that they were actually trying two commit the offence, or had they only got as far as putting themselves in a position or equipping themselves
Entering the toilet was less than merely preparatory, and having the knife didn’t fill the test either
R v Bole and Boyle (1978) - important
Breaking a lock and hinge from a door is enough for attempted burglary (even though D still hadn’t entered the property).
R v Jones (1990) - important
D entering the car of someone against whom they had a vendetta wearing a crash helmet and armed with a shotgun is enough for attempted murder, even though the gun didn’t work.
Attorney Generals Reference 1 and 2 of 1979
Conditional intent is enough for the D to be liable for attempted theft. This changed the previous law, under which R v Husseyn had been decided.
R v Whybrow (1951) - important
Intention to cause GBH is not enough for the MR of attempted murder if the victim does not die.
R v Millard and Vernon (1987) - important
Recklessness is not enough for the mens rea of attempt, even where recklessness would be enough for the MR of the full offence.
R v Pace and Rogers (1987) - important
Ordinary language’ requires that ‘intent’ in S 1 criminal Attempts Act 1981 means that intent to commit all elements of the offence.
S 1 (2) Criminal Attempts act (1981) - important
D can be found guilty even if the full offence was factually impossible for them to commit eg trying to kill a dead person
Attorney Generals REference no 1 of (1992)
D does not need to have done the last act before the crime propper, or to have reached the ‘point of no return’ in order to be liable for attempt,
R v Gullefer (1987) - important
An attempt mean that d has moved beyond preparation and has ‘embarked on the crime propper’ which conflicts the ruling in the AGR no 1 of 1992
R v Shivpuri (1986)
The HOL used the 1966 PRactice Statement to overturn their ruling in Anderton v Ryan in order to convict D of attempted drug dealing when he agreed to receive a suitcase be wrongly believed contained drugs.
