attempts

Question 1

What is the actus reus of attempts?

Answer 1

An act which is more than merely repertory to the commission of the offence.

Question 2

What is the mens rea for attempts?

Answer 2

Intention is key in attempts and recklessness is insufficient, only in some exceptions.

Question 3

List the cases which are marely preparatory

Answer 3

Gullfer
Campbell
Geddes

Question 4

what happened in the case of Gullfer and what was the developed point of law

Answer 4

Gullfer stopped a dog race in order to declare the race void and win his money back, he had not asked for his money back. Acquitted because he had not embarked on the crime proper.

Question 5

What happened in the case of Campbell and what was the developed point of law

Answer 5

D stood outside a post office with a gun and a threatening note in his pocket intending robbery. He was acquitted because he was still in preperation.

Question 6

what happened in the case of Geddes and what was the developed point of law

Answer 6

Geddes was found in a school toilets with a knife and a rope, he was aquitted because he caused no damger and didn’t try to commit the offence.

Question 7

List the cases which are more than merely preparatory

Answer 7

Boyle and Boyle
Jones
AG reference
Tosti and White

Question 8

What happened in the case of Boyle and Boyle and what area of the law did it develop?

Answer 8

D’s were found standing next to a door with a broken lock and hinge. Convicted of burglary because they had carried out a sufficient series of acts to be an attempt.

Question 9

what happened in the case of Jones and what area of the law did it develop?

Answer 9

D got into a car wearing a crash helmet with a gun and The V had to wrestle D away. Getting into a car and pointing a gun is an attempt.

Question 10

what happened in the case of Attorney general reference and what area of the law did it develop?

Answer 10

Man dragged girl into a shed and attempted to rape her but could not get an erection. Man never performed last act but could not turn back.

Question 11

What happened in the case of Tosi and White and what area of the law did it develop?

Answer 11

D’s were caught examining a barn lock with cutting equipment. By examining the padlock, the men were guilty of the full offence of burglary.

Question 12

what were the three common law tests on attempts?

Answer 12

The last act
Rubicon test
series of acts

Question 13

Describe the last act test

Answer 13

Only liable if D has done the last act before the full crime

Question 14

describe the rubicon test

Answer 14

D has to cross the last line where there is no going back

Question 15

Describe the series of acts test

Answer 15

D must commit several acts before the offence

Question 16

List all of the cases for mens rea of attempts

Answer 16

Whybrow
Easom (Recklessness)
Husseyn
Millard and Vernon

Question 17

what happens in Whybrow and what area of the law does it develop

Answer 17

D wired up the bath intending to electricute wife. Courts said that there needed to be an intension to kill to be attempted murder but he intended GBH.

Question 18

What happens in the case of Easom and what area of the law does it develop?

Answer 18

D looked in womens hand bag but did not steal anything. He was not convicted of attempted theft because he did not intend to steal a particular item.

Question 19

What happens in the case of Husseyn and what area of the law does it develop?

Answer 19

D lingered near a van with contents inside and ran when he was seen. Not convicted as he had no intention to steal particular items.

Question 20

How are Easom and Husseyn similar?

Answer 20

Both didnt intend to steal a ‘particular’ item and cpome under conditional intent whereby attorney G ref closed the loophole saying it doesnt need to be a particular item

Question 21

What happens in the case of millard and vernon? and what area of the law does it develop?

Answer 21

D’s were pushing into a football fence causing criminal damage but they wernt convicted because they were just reckless not intending to cause the damage.

Question 22

What was the law before the criminal attempts act 1981

Answer 22

If the crime is impossible to commit there is no offence.

Question 23

what was the law after the criminal attempts act 1981

Answer 23

It is possible in attempting the impossible

Question 24

what are the 3 cases for attempting the impossibility

Answer 24

Anderton v Ryan
Shivpuri
Jones 2007

Question 25

What are the facts and significance of both anderton v ryan and shivpuri

Answer 25

Anderton V Ryan- stolen video recorder (D not guilty of attempted theft)
Shivpuri- attempt to deal drugs (D was guilty of attempting to deal drugs, overulling anderton v ryan)

Question 26

Describe conditional intent

Answer 26

In the cases of both husseyn and easome both defendants were not guilty because there was nothing worth stealing and the law stated they must intend to steal a “particular item” NG

the case of attorney G ref closed the loophole by developing the law to be any item and not a particular item.

More convictions

Question 27

List some law reform problems on the actus reus of attempts

Answer 27

• No definition of what is more than merely preparatory
• Previous common law tests werre statuet then revised by new law, but are still refered to in the new law which creates confusion and shows us the new law still isnt full effective to use
• Gullufers test to help explain more than mere prep of ‘embark on the crime proper’ is unclear
• Geddes is a high risk test
• Case of Diagnal introduced the sexual offences act therefore if geddes had commited the crime today he would of been convicted

Question 28

List some of the mens rea reform for attempts

Answer 28

• A higher level of intension is needed for an attempt than to murder because the defendant could defend themselves with intent of GBH for murder.
  -Took the court until the case of millard and vernon to impliment recklessness into the act, so its now easier to get a conviction with recklessness.
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