Attempts Flashcards
Attempts
Attempted crime is s1(1) of the criminal attempts aft 1981
Before 1981 act there was only a common law - created lots of different tests which created lots of guilty or not guilty results depending on the test used - unfair so this act was created
Attempts
Definition
If with intent to commit an offence … a person does an act which is more than merely preparatory to the commission of the offence then he is guilty of attempting to commit the offence
Actus reus
An attempt must be:
A positive act and not an omission
An act that is more than merely preparatory to the commission of the offence (MTMP)
Therefore the act is merely preparatory (MP) then they aren’t guilty if an attempt
- however they may be guilty for other offences like conspiracy or going equipped
Merely preparatory
If the act is MP then the d is not guilty
Merely preparatory
R for gullefer 1987
D tried to stop grey hound race as his dog was losing
Decided on appeal it was MP as D had to go and ask for money back first
Merely preparatory
R v Nash 1999
2 letters in street addressed to the paper boy inviting him to acts of indecency, a 3rd offered employment
Police organised a sting and caught the D
On appeal - 3rd letter was held to be MP as it didn’t involve a request for acts of indecency
MTMP
R v Boyle 1987
D1 and D2 caught standing next to door with broken lock and hinges
All they had to do was walk in to commit a crime
Convicted of attempted burglary
MTMP
AG ref no 1
D dragged V into a shed to have sex with her
Couldn’t maintain an erection
All he had to do was penetrate the V
Convicted of attempted rape
Mens rea
Normally has to be intent to commit the full crime
Recklessness not enough
Mens rea
R v whybrow 1951
D wired a soap dish next to the bath to electrocute the V
CA - mens rea is an intent to kill
Convicted of attempted murder
Attempting an impossible crime
Factual impossibility- s1(2) - a person may be found guilty even though the facts of the case are such that the commission of the offence is impossible
Legal impossibility- s1(3)
Attempting an impossible crime
R V jones 2007
D tried to solicit young girls for sex, including a police officer who he thought was 12
Convicted of inciting a child under 13 to engage in sexual activity
Wasn’t a real 12 year old, but D still convicted even though he was attempting the impossible
