attempts Flashcards
define attempt
an incomplete crime that someone tries to commit and at some point fails
why are attempts punished
to try and prevent offenders from reoffending by punishing them for their attempts
what is the AR for an attempt
a positive act (not an ommission) that is more than merely preparatory, merely preparatory is not enough
define merely preparatory
act that is simply preparing to do something
define more than merely preparatory
an act that is more than merely preparing to do something
how do the jury decide if MP or MTMP
look at sequence of acts and at the point considered the ‘last act’ see that if not interrupted would result in the offence
gullefer
hint- greyhound race
D tried to stop a greyhound race to recover his bet as his dog was loosing
ATTEMPT, NOT GUILTY ONLY MP
POL- D only MP as he had to go and ask for his money back first
campbell
hint- post office
D approached post office wearing crash hat, holding a knife and a threatening note he was arrested by police
NOT GUILTY WAS MP
POL- D hadn’t entered the post office/ threatened staff
geddes
hint- boys toilets
D seen in boys toilets, ran off when challeneged. his bag found with rope, masking tape and a large knife
WAS MP
POL- D not tried to commit the crime
r v Boyle
hint- door
D1 & D2 found standing next to a door with a broken lock and hinge
GUILTY OF ATTEMPT MTMP
POL- MTMP all left to do was enter building to commit full crime
r v jones
hint- gun
D got into v car and pointed a shotgun at him
GUILTY OF ATTEMPT MTMP
POL- MTMP, all left was to pull trigger to commit full crime
a-g ref no.1 of 1992 (1993)
hint- rape
D dragged V into a shed to have sex with her but could not maintain an erection
GUILTY OF ATTEMPTED RAPE
POL- MTMP all had to do was to penetrate V to commit crime
what is the MR of an attempt
D must have intent to commit the offence in question
-recklessness is not enough
what is the definition of intent
what case decided this
Mohan
- intent= a decision to bring about the offence no matter whether the accused desired the consequence of the offence or not
r v khan
hint- rape
D was convicted pf attempted rape but was unsuccessful when trying to have sex
GUILTY ATTEMPTED RAPE
POL- MR for an attempted rape and rape are the same therefore D had MR
