Attempts

Question 1

What does attempt fall under

Answer 1

It falls into the ‘inchoate offence’, it cover situation where D take steps in the commission of a crime but fails to complete it

Question 2

What the statue for attempts

Answer 2

Criminal attempts act 1981 (CAA 1981)

Question 3

What section is attempt under

Answer 3

Under section 1(1)

Question 4

What’s is attempts

Answer 4

“If, with intent to commit an offence…, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.”

Question 5

What is happen in r v knight 2009

Answer 5

“ my wife poisoned me with anti-freeze then tried to finish me off as I fought for my life in the hospital”

Question 6

What is stated is section 1(4)

Answer 6

Whenever new indictable offence is created, the crime for attempting that offence of also automatically created

Question 7

What is the actus reus of attempts

Answer 7

Does an act that more than merely preparatory (only prepare not committing- AN ACT NO OMISSION

Question 8

What’s the mens Rea for attempt

Answer 8

Intention to commit an act which, if completed, will amount to an offence

Question 9

What does a.4(3) provide

Answer 9

That is a matter for the jury to decide. They are guidance as to the meaning ‘ merely preparatory’ has been given in two court of appeal cases

Question 10

What cases have been guided with merely preparatory

Answer 10

R v gullefer
R v geddes

Question 11

What happen in R v Gullefer 1990

Answer 11

D jumped onto track at greyhound races and waved his arms in an attempt to distract the hounds

Question 12

What was held in R v Gullefer 1990

Answer 12

Not guilty. Lord lane said that the D must have ‘ embarked upon the actual commission of the offence’

Question 13

What happened in R v Geddes 1996

Answer 13

D intended to kidnap a boy from school. He was found in boys’ lavatory with a rucksack containing a knife, masking tape and rope

Question 14

What was held in R v Geddes 1996

Answer 14

Not guilty, as he didn’t do any acts to get the boy such as finding the boy and grabbing him, it is merely preparatory

Question 15

What is a consequence crimes

Answer 15

Consequence is intended

Question 16

Examples of a consequence one

Answer 16

Attempt s.18 = interior to cause GBH
Attempt theft = intention to appropriate ( steal property )

Question 17

What the intent of attempt

Answer 17

‘a decision to bring about the commission of the offence no matter whether the accused desired the consequence of his act or not’

Question 18

What happen in pearman 1985

Answer 18

D hit police Officer in order to escape. D foresaw injury was virtual certainty. Oblique intent will suffice for attempts

Question 19

what’s the first part of intent attempt murder

Answer 19

if D breaks a victim’s leg intentionally and victim dies would D be liable for murder

Question 20

whats the second part of intent for attempted

Answer 20

if D intends to break the victim’s leg and V does not die would, they would only be liable if there is implied intent to kill- prosecution must show D intention to kill.

Question 21

what’s the facts of R v Walkington 1978

Answer 21

D was in Debenhams department store. he saw a till which was partially opened and left unattended. he reached behind the counter and looked into the till bit it was empty.

Question 22

what is held for R v Walkington 1978

Answer 22

found guilty of burglary but the logic would likely to attempted offences too.

Question 23

why is no excuse when it come to impossibility to attempts.

Answer 23

long as a step it taken that is more merely preparatory it doesn’t matter that would be impossible complete

Question 24

what happened in R v Shivpuri 1987

Answer 24

D was convicted with attempting to be knowingly concerned in dealing with a controlled drug, heroin. he thought the substance was heroin, but in fact it was not a drug- merely ‘snuff or some similar harmless vegetable matter’

Question 25

what was held for R v Shivpuri 1987

Answer 25

guilty. lord bridge said is this ‘what turns what would otherwise… be an innocent act into a crime is the intention of the actor to commit an offence

Question 26

why must a offence be ‘know to law’

Answer 26

a person cannot commit an offence that does not exists even if they believe that they are doing so