Attempts Flashcards
Where is the law on attempts defined?
S1 of the Criminal Attempts Act
Which law does the criminal attempts act apply to
Indictable offences
What does the criminal attempts act abolish liability for?
Attempting to aid, abet, counsel or procure the commission of any offence
Give the facts of Gullefer
D jumped on the race track to have the race declared void so he could reclaim money he had bet on the race
Give the significance of Gullefer
D’s conviction for attempting to steal was quashed because his actions were merely preparatory to committing the offence
What did Lord Lane CJ say in Gullefer?
D must have embarked on the crime proper
Give the significance of Attorney Generals Reference
D’s acts were more than merely preparatory, the act of dragging her was the prep
Give the facts of R v Campbell
D had an imitation gun and a threatening note in his pocket and was in the street outside the post office
Give the significance of R v Campbell
His conviction for attempted robbery was quashed because to embark on the crime proper D would need to enter the post office
Give the facts of Geddes
D was found in the boys toilet of a school with tape and a knife
Give the ratio of Geddes
The next step would have been to approach one of the students so D wasn’t liable
Give the facts of Boyle and Boyle
D’s were found standing by a door of which the lock and one hinge were broken
Give the ratio of Boyle and Boyle
There was an attempt because once they had entered they would be committing burglary so trying to gain entry was an attempt
Give the facts of R v Tosti
D took metal cutting equipment then examined a padlock on the door without damaging it
Give the ratio of Tosti
D guilty of attempted burglary
Give a synoptic point about Tosti
It conflicts with Geddes
Give the facts of R v Jones
D pointed a gun at V who managed to throw it out of the car window
Give the ratio of Jones
Attempted murder conviction upheld, clear attempt here
Give the facts of R v Toothill
D walked around V’s house with a knife + condom in pocket then knocked on the door twice
Give the ratio of Toothill
D guilty of attempted burglary with intent to rape
Give a synoptic point of Toothill
The judge did not follow Geddes
Give the facts of R v Nash
D sent 4 letters to a child
Give the ratio of Nash
D guilty of gross indecency with a child for 3 of the letters as they were suggestive
Give a synoptic point about Nash
It follows Geddes because he is not guilty for on of the letters because it didn’t amount to an “unequivocal invitation”
What is the mens rea of an attempt
D must have the mens rea as would be required for the full offence
What did the judge hold in Pearman?
Intent means the same as it would in Mohan
Give the facts of Easom
D rummaged in a woman’s bag but took nothing
Give the ratio of Easom
D not guilty of attempted theft because he had no intention to permanently deprive
give the facts of Husseyn
D’s loitered near a can full of equipment + ran off when the police approached
Give the ratio of Husseyn
Not guilty of attempted theft because they had no intention to permanently deprive
Give an A02 point about attempted theft
Should conditional intent be a thing?
Define conditional intent?
Where d intends to steal something if there is anything worth stealing
Give the significance of Attorney Generals Reference in relation to attempted theft
Establishes conditional intent but is not used by courts
Give the facts of Millard and Vernon
D’s pushes against a wooden fence on a stand at a football ground
Give the ration of Millard and vernon
D’s convictions were quashed because recklessness is not sufficient
What is the general rule on recklessness for attempts?
Recklessness is not normally sufficient mens rea for an attempt
Give the facts of Whybrow
D electrocuted his wife when she took a bath
Give the ratio of Whybrow
Judge says intention to commit GBH is not sufficient for the mens rea of attempted murder
What was the rule on impossible attempts prior to the CAA?
Impossibility was not available to a defendant charged with an attempt
Which section of CAA says you can be guilty of an attempt to do the impossible?
S1(2)
Give an A02 point about impossibility in relation to the House of Lords + how can this be seen?
Initially the House of Lords was reluctant to allow impossibility of attempts to exist even though the CAA said it does
Can be seen in Anderton v Ryan
Give an A02 point about the impossibility rule
Attempts to do the impossible goes against the general rule of actus reus
Give the facts of Anderton v Ryan
D bought a cheap video recorder that she thought was stolen, it wasn’t
Give the ratio of Anderton v Ryan
D not guilty of an attempt to do the impossible because all her acts were innocent
Give the facts of Shivpuri
D smuggled a suitcase he thought was full of drugs, it wasn’t
Give the ratio of Shivpuri
D guilty of an attempt because he thought he was doing something illegal
Give the law on withdrawal from an offence
It makes no difference whether the failure to complete the defence was due to a voluntary withdrawal by the defendant, intervention of police or any other reason
