Attempts Flashcards
What does attempt fall under
It falls into the ‘inchoate offence’, it cover situation where D take steps in the commission of a crime but fails to complete it
What the statue for attempts
Criminal attempts act 1981 (CAA 1981)
What section is attempt under
Under section 1(1)
What’s is attempts
“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.”
What is happen in r v knight 2009
“ my wife poisoned me with anti-freeze then tried to finish me off as I fought for my life in the hospital”
What is stated is section 1(4)
Whenever new indictable offence is created, the crime for attempting that offence of also automatically created
What is the actus reus of attempts
Does an act that more than merely preparatory (only prepare not committing- AN ACT NO OMISSION
What’s the mens Rea for attempt
Intention to commit an act which, if completed, will amount to an offence
What does a.4(3) provide
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
What cases have been guided with merely preparatory
R v gullefer
R v geddes
What happen in R v Gullefer 1990
D jumped onto track at greyhound races and waved his arms in an attempt to distract the hounds
What was held in R v Gullefer 1990
Not guilty. Lord lane said that the D must have ‘ embarked upon the actual commission of the offence’
What happened in R v Geddes 1996
D intended to kidnap a boy from school. He was found in boys’ lavatory with a rucksack containing a knife, masking tape and rope
What was held in R v Geddes 1996
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
What is a consequence crimes
Consequence is intended
