attempts Flashcards
what is an attempt
where a person tries to commit an offence, has the mens rea to do so, but for some reason, fails to complete it
R v White
D put cyanide in his mothers drink, intending to kill her. She instead died of a heart attack before she could drink it.
Not factual cause of her death but guilty of attempted murder
actus reus
a person does an act which is more than just preparing to commit the offence
mens rea
with intent to commit that offence
R v Gullefer
‘more than merely preparatory’ means that the D must have gone beyond purely preparatory acts and ‘embarked on the crime proper’
AGs reference no.2
he lowered his trousers put penis remained placid so argued he couldn’t rape her. He was convicted of attempted rape
attempts should be considered by asking 2 questions;
- Had the accused moved from planning or preparation to execution or implementation?
- Had the accused done an act showing that he was actually trying to commit the full offence, or had he got only so far as to getting ready, or putting himself in a position, or equipping himself to do so?
R v Campbell
Loitering outside a bank with an imitation gun , sunglasses and a threatening note was merely predatory acts even though he stated he intended on robbing the bank
R v Boyle and Boyle
Ds found outside a door with a broken lock, once Ds had entered this would be burglary, so trying to gain entry was an attempt
Easom
has to have mens rea, in this case he had no intention to permanently deprive
attempting the impossible
Criminal Attempts Act states ‘’ a person may be guilty of attempting to commit an offence … even though the facts are such that the commission of the offence is impossible’’
R v Jones
D wrote on train station toilets seeking girls aged 8-13 for sex, offering payment. Undercover officer exchanged several texts with D and agreed to meet.
No actual child in the case
