Attempts Flashcards
Act
S1.1 criminal attempts act 1981
Actus reus
Does act more than merely preparatory to commit offence
Men’s rea
With intent to commit that offence
Mere preparation
R v Gullefer
R v Geddes
R v gullefer
Jumped on greyhound race track to sabotage race + reclaim bet
Merely preparing for theft - no conviction
R v geddes
Man found in boys toilet attempted false imprisonment - quashed on appeal - only got as far as planning stage
‘Beyond mere preperation’
A.g ref (no.1 1992) 1993
R v Boyle and Boyle
R v jones
A.g ref (no.1 1992)1993
Dragged to shed, pull trousers down, unabl;e
Beyond prep
R v Boyle and Boyle
Lock and hinge broken - beyond prep
R v jones
Held gun to victims head
Change of mind - sudden lack men’s rea
R v Campbell
MS
R v Campbell
Going to rob post office, admit change mind - merely preparatory
MS
Should focus on own facts
Originally said mere prep
Court of appeal - packed bag, only because got stopped
Mens rea
R v Easom
A-g ref case 1979
Pace and rogers
R v easom
Intend steal, nothing worth taking - attempt
A-g ref case
Conditional intent = attempted theft
Pace and rogers
Mr is ‘intent’ to commit full offence
Mr of attempted murder
Must be intention to kill
R v whybrow
Wired up wives bath
Recklessness and mr attempt
Millard v vernon
Ag ref (no.3 1992) 1994
Millard and vernon
Recklessness not sufficient
Ag ref (no.3 1992) 1994
Petrol bomb, intent to damage property when threw at car
Impossibility
S1(2) of the Criminal Attempts Act 1981
“May be guilty of attempting to commit an offence even though facts are such that the commission of the offence is impossible”
R v shivpuri
Attempting to deal prohibited drugs - didn’t realise not in suitcase
