Attempts

Question 1

Where is the law on attempts defined?

Answer 1

S1 of the Criminal Attempts Act

Question 2

Which law does the criminal attempts act apply to

Answer 2

Indictable offences

Question 3

What does the criminal attempts act abolish liability for?

Answer 3

Attempting to aid, abet, counsel or procure the commission of any offence

Question 4

Give the facts of Gullefer

Answer 4

D jumped on the race track to have the race declared void so he could reclaim money he had bet on the race

Question 5

Give the significance of Gullefer

Answer 5

D’s conviction for attempting to steal was quashed because his actions were merely preparatory to committing the offence

Question 6

What did Lord Lane CJ say in Gullefer?

Answer 6

D must have embarked on the crime proper

Question 7

Give the significance of Attorney Generals Reference

Answer 7

D’s acts were more than merely preparatory, the act of dragging her was the prep

Question 8

Give the facts of R v Campbell

Answer 8

D had an imitation gun and a threatening note in his pocket and was in the street outside the post office

Question 9

Give the significance of R v Campbell

Answer 9

His conviction for attempted robbery was quashed because to embark on the crime proper D would need to enter the post office

Question 10

Give the facts of Geddes

Answer 10

D was found in the boys toilet of a school with tape and a knife

Question 11

Give the ratio of Geddes

Answer 11

The next step would have been to approach one of the students so D wasn’t liable

Question 12

Give the facts of Boyle and Boyle

Answer 12

D’s were found standing by a door of which the lock and one hinge were broken

Question 13

Give the ratio of Boyle and Boyle

Answer 13

There was an attempt because once they had entered they would be committing burglary so trying to gain entry was an attempt

Question 14

Give the facts of R v Tosti

Answer 14

D took metal cutting equipment then examined a padlock on the door without damaging it

Question 15

Give the ratio of Tosti

Answer 15

D guilty of attempted burglary

Question 16

Give a synoptic point about Tosti

Answer 16

It conflicts with Geddes

Question 17

Give the facts of R v Jones

Answer 17

D pointed a gun at V who managed to throw it out of the car window

Question 18

Give the ratio of Jones

Answer 18

Attempted murder conviction upheld, clear attempt here

Question 19

Give the facts of R v Toothill

Answer 19

D walked around V’s house with a knife + condom in pocket then knocked on the door twice

Question 20

Give the ratio of Toothill

Answer 20

D guilty of attempted burglary with intent to rape

Question 21

Give a synoptic point of Toothill

Answer 21

The judge did not follow Geddes

Question 22

Give the facts of R v Nash

Answer 22

D sent 4 letters to a child

Question 23

Give the ratio of Nash

Answer 23

D guilty of gross indecency with a child for 3 of the letters as they were suggestive

Question 24

Give a synoptic point about Nash

Answer 24

It follows Geddes because he is not guilty for on of the letters because it didn’t amount to an “unequivocal invitation”

Question 25

What is the mens rea of an attempt

Answer 25

D must have the mens rea as would be required for the full offence

Question 26

What did the judge hold in Pearman?

Answer 26

Intent means the same as it would in Mohan

Question 27

Give the facts of Easom

Answer 27

D rummaged in a woman’s bag but took nothing

Question 28

Give the ratio of Easom

Answer 28

D not guilty of attempted theft because he had no intention to permanently deprive

Question 29

give the facts of Husseyn

Answer 29

D’s loitered near a can full of equipment + ran off when the police approached

Question 30

Give the ratio of Husseyn

Answer 30

Not guilty of attempted theft because they had no intention to permanently deprive

Question 31

Give an A02 point about attempted theft

Answer 31

Should conditional intent be a thing?

Question 32

Define conditional intent?

Answer 32

Where d intends to steal something if there is anything worth stealing

Question 33

Give the significance of Attorney Generals Reference in relation to attempted theft

Answer 33

Establishes conditional intent but is not used by courts

Question 34

Give the facts of Millard and Vernon

Answer 34

D’s pushes against a wooden fence on a stand at a football ground

Question 35

Give the ration of Millard and vernon

Answer 35

D’s convictions were quashed because recklessness is not sufficient

Question 36

What is the general rule on recklessness for attempts?

Answer 36

Recklessness is not normally sufficient mens rea for an attempt

Question 37

Give the facts of Whybrow

Answer 37

D electrocuted his wife when she took a bath

Question 38

Give the ratio of Whybrow

Answer 38

Judge says intention to commit GBH is not sufficient for the mens rea of attempted murder

Question 39

What was the rule on impossible attempts prior to the CAA?

Answer 39

Impossibility was not available to a defendant charged with an attempt

Question 40

Which section of CAA says you can be guilty of an attempt to do the impossible?

Answer 40

S1(2)

Question 41

Give an A02 point about impossibility in relation to the House of Lords + how can this be seen?

Answer 41

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

Question 42

Give an A02 point about the impossibility rule

Answer 42

Attempts to do the impossible goes against the general rule of actus reus

Question 43

Give the facts of Anderton v Ryan

Answer 43

D bought a cheap video recorder that she thought was stolen, it wasn’t

Question 44

Give the ratio of Anderton v Ryan

Answer 44

D not guilty of an attempt to do the impossible because all her acts were innocent

Question 45

Give the facts of Shivpuri

Answer 45

D smuggled a suitcase he thought was full of drugs, it wasn’t

Question 46

Give the ratio of Shivpuri

Answer 46

D guilty of an attempt because he thought he was doing something illegal

Question 47

Give the law on withdrawal from an offence

Answer 47

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