Attempts Flashcards
Governed by which act?
s.1(1) Criminal attempts act 1981
Definition of attempt
He does something that is deemed more than merely preparatory towards the commission of the offence while having the men’s tea for the original offence
White
1910 - Son spikes his mother with cyanide but mother dies of heart attack before the poison. Attempted murder
Actus rea
Must be positive act
Must be more merely preparatory
Preparation fine
Actions exceeding this will amount to a conviction
Boyle and Boyle 1986
D’s were found stood outside a door with the lock and hinge broken
Amounted to more than preparatory
Gullefer 1990
£18 on a greyhound. Went to the edge of track and distracts dog so steward would void the race. His actions were merely preparatory as he had not gone to collect money
Jones 1990
Partner having an affair. D buys a shotgun, shortens the barrel and gets into V’s car wearing a crash helmet and points weapon at her
Attempted murder as acts were beyond prep. Entering the car was exceeding prep
Campbell
1991 - D in street outside post office with fake gun, threatening note and sunglasses.
Only preparatory
Geddes
D in boys toilets with knife and rope. Was arrested before making contact with student
Only preparatory.
Intention definition
Intent to commit final offence. D not liable if reckless in commuting offence
Whybrow
D fixed electrical device to V’s batch in order to electrocute his wife.
D must have intent to kill! In order to attempt murder