Attempts Flashcards
what is an attempt
where main offence attempted but not completed
why are offenders prosecuted for attempts
prevents offenders attempting the offence a 2nd time + helps keep society safer
what act does attempts come from
criminal Attempts Act 1981 s.1
explain the act
a person will be guilty under s.1 Criminal Attempts Act 1981 if they, with intent to commit an offence to which this section applies, does an act which is more than merely preparatory to the commission of the offence
AR
person does an act which is more than merely preparatory to the commission of the offence
MR
AR with intent to commit the offence
what offences does s.1 apply to
indictable + either way offences, not summary
have courts been clear about what is merely preparatory
no - we must use helpful principles developed from cases
in what case was D not guilty when standing outside post office with a threatening note in his pocket + an imitation gun and why
Campbell - D not entered post office
in what case did the COA hold that ‘more than merely preparatory’ means D must have gone beyond purely preparatory acts + ‘embarked on the crime proper’
Gullefer
In what case was the acts of obtaining gun, loading it, putting on disguise + going to the school were merely preparatory to the commission of the offence, but getting into car, taking loading gun + pointed it at V with intention of killing him was more than merely preparatory - D guilty
Jones
In Geddes what 2 questions did the courts say must be considered
1) had accused moved from planning/ preparation to execution/ implementation?
2) had accused done an act showing that he was trying to commit the full offence?
what case stated that certain offences where recklessness enough for full offence, but it must be proved D had intent to commit the full offence
Millard & Vernon
what is MR for attempted murder + case
Higher level of intention than offence of murder - intention to kill: Whybrow
However, if no death occurs + D has intention to cause GBH what will D be charged with
attempted s.18 OAPA 1861
will D still be guilty if they attempt to commit the impossible + case example
yes as in Shipvuri - D thought he was smuggling drugs but was actually dried cabbage
why was D guilty in Shipvuri
- clearly intended to commit an offence
- had done an act (bringing in package) which, had the facts been as he believed them to be, would have been more than merely preparatory to that offence
- therefore guilty
