Attempts Flashcards
Gullefer 1987
D placed bet at dog race then tried to stop the race to get his money back when it was clear his dog would lose.
-This is an act which is merely preparatory.
-Attempted theft.
Defendant did not embark on the crime properly.
Campbell
Defendant was standing outside a post office with and intimidation gun and a threatening note.
-Act which is merely preparatory.
-Attempted Robbery.
The defendant was still preparing.
Geddes 1996
Defendant was found hiding in school toilets with a bag. The bag contained a rope and knife and some tape.
-Act which is merely preparatory.
-Attempted false imprisonment.
Defendant did not actually try to commit the offence.
Boyle and Boyle 1987
Defendants were found standing outside a door with a broken lock and hinge.
-More than merely preparatory.
-Attempted burglary.
Defendants acts were sufficient enough for an attempt.
Jones(1990)
Defendant got into car wearing a crash helmet and pointed a shotgun at a man.
-more than merely preparatory
-attempted murder.
Getting Into car and pulling gun is enough for an attempt.
Tosti and white 1997
Defendants were caught examining barn door with break in equipment hidden in the hedges.
-more than merely preparatory
-attempted burglary
By doing there actions they committed the attempts.
Whybrow 1951
Defendant wired up soap dish in bath with the intention to electrocute his wife .
-Mens rea it attempts.
-Attempted murder.
Courts held there needed to be an intention to kill for attempted murder, and there was.
Easom 1971
Defendant picked up, looked in and replaced a bag in a cinema without taking anything.
-Mens rea it attempts.
-Attempted thieft.
No conviction and there was no intent to steal a particular item.
Millard and vernon 1987
Defendant were pushing on a wooden fence at a football game.
-Mens rea of attempts
-attempted criminal damage
There was no conviction as their behaviour was deemed as only reckless.
Attorney general reference no3 of 1992
Defendant threw a petrol bomb at a car with 4 men in but it missed.
-Mens rea it attempts
-Attempted committed arson with intent to endanger a life.
Needed intention to damage property as well as others including recklessness to endanger a life.
Anderton v Ryan 1985
Defendant bought video recorder thinking it was stolen but it was not.
-Impossibility
-Attempted handling of stolen goods.
Video recorder was not stolen so the actions of the defendant were innocent.
Shivpuri 1986
Defendant intended to receive suitcase which he thought had drugs in but actually contained harmless vegetable matter.
-Impossibility
-Attempted knowingly concerned in dealing in prohibited drugs.
Convicted as he intended to deal the drugs.
Jones 2007
Defendant tried to solicit young girls for sex and he met Amy. He thought she was aged 12 but she was actually an undercover police woman.
-Impossibility
-attempted to engage a child under 13 to sexual activity.
J said as Amy wasn’t a real person no crime was committed however he was still charged.