Attempts Flashcards
What is meant by attempts?
When the defendant fully intents to commit a crime but for some reason they fails to complete the actus reus.
- This means that anyone who intents to commit a crime can be punished and police do not need to wait until after the crime has been committed.
What happens if a defendant is found guilty of attempts?
If they are found guilty the defendant will usually face the same maximum penalty that applies to full offence.
What does the criminal attempts act 1981 state?
‘If a person does an act which is more than merely preparatory to the commission of an offence, they’re guilty of committing the act’
What does more than merely preparatory mean?
There is no definition, it is a matter for the jury to decide on a case by case basis.
They must decide whether D has passed the preparation stages and progressed to something beyond that.
R V Gullefer-
- Ran onto a race track so the race could be void and he could claim his money back.
- Conviction overturned. Hadn’t asked for his money back so had not gone beyond preparation stage.
What happened in R V Geddes?
- Found in boys toilets of a school. Ran off but left bag containing string, tape, and a knife.
- Convicted of false imprisonment but not more than preparatory as he had not made contact with any boys.
Whats the mens rea for attempts?
In order to be liable, they must act with the intent to commit an offence.
Therefore, the mens rea must be intention of the crime they intended to commit.
GBH is sufficient for a murder conviction but will not be enough for attempted murder.
R V Whybrow-
- Wired their home in an attempt to electrocute wife and kill her.
- Wife received electric shock while in the bath which had apparatus connected to it. If prepared correctly it showed deliberate intent to kill.
What is the rule on conditional intent?
May be enough for an attempted offence.
E.G. They do not have a specific object in mind but would take anything worth stealing.
R V Husseyn-
- D intended to steal anything worth stealing out of a van which contained driving equipment, but ran off.
- Convicted of attempting to steal driving equipment but quashed as his intention was to steal anything so incorrect conviction.
Current law on attempting the impossible?
May be guilty of attempting to commit an offence even though the facts are such that the offence would be impossible.
R V Shivpuri-
- Arrested after found carrying a suitcase which he believed contained cannabis or heroin. Was dried cabbage.
- Can be convicted of attempting the impossible.
When can a person not be guilty of committing the impossible?
When there is no such offence the defendant cannot be guilty of attempting it.
Ways to attempt the impossible?
- Physically impossible e.g stab someone who is already dead.
- Legally impossible e.g attempt to steal a coat but its their own coat.
- Totally impossible e.g they attempt something which is not a criminal offence.
