Attempts

Question 1

R v white

Answer 1

Tried to poison mother with cyanide but died of a heart attack before she could drink it. Convicted of attempted murder

Question 2

A-Gs reference (no 1 of 1992) (1993)

Answer 2

D dragged girl up steps interfered with her private parts. Argued penis remained flaccid so could not attempt to rape her. Convicted. Act of dragging merely preparatory

Question 3

Gullefer

Answer 3

D jumped onto racetrack to have race declared void. COA held more than merely preparatory means d must have gone beyond purely preparatory acts and be embarked on crime proper. Conviction wished would have had to try reclaim money

Question 4

Geddes

Answer 4

D found in boys school toilet block with knife and masking tape. Conviction quashed. 2 Qs
Had accused moved from planning or preparation to execution and implementation?
Had the accused done an act showing he was actually trying to commit the full offence

Question 5

Campbell

Answer 5

D had imitation gun and threatening note. Conviction for robbery quashed would need to enter post office

Question 6

Boyle and Boyle

Answer 6

Ds found standing by door with lock and one hinge broken. Conviction of attempted burglary upheld.

Question 7

Tosti

Answer 7

D intended to burgle premises in hedge with metal cutting equipment. Did not damage padlock. Guilty of attempted burglary

Question 8

Jones

Answer 8

Ds partner told him she had been cheating. Bought shotgun and shortened it got in vs car and pointed it at him. V managed to throw gun out of car. Tried to argue safety catch on. COA said once d got in car and pointed gun it was an attempt

Question 9

Easom

Answer 9

D picked up woman’s handbag in cinema rummaged through it and put it back. Conviction quashed no evidence he intended to steal

Question 10

Husseyn

Answer 10

D and another man found loitering near van and ran when police approached. Conviction of attempting to steal sub aqua equipment quashed

Question 11

Millard and vernon

Answer 11

Ds repeatedly pushed against a wooden fence at football ground. COA quashed convictions recklessness not sufficient mr for an attempt

Question 12

A-G reference (no 3 of 1992) (1994)

Answer 12

D threw petrol bomb at car with people in missed and hit wall. Trial judge said d had to intend to damage property and endanger life and d was acquired. COA held trial judge was wrong only necessary to prove d intended to damage property but only necessaeg to prove he was reckless as to whether life would be endangered

Question 13

Anderton v ryan

Answer 13

Mrs Ryan bought video recorder cheaply. Admitted she thought it was stolen to police who were investigating a burglary at her home. Conviction quashed

Question 14

Shivpiri

Answer 14

D agreed to receive suitcase which he thought contained prohibited drugs actually harmless vegetable matter d convicted overruled decision in anderton v ryan using practice statement