Attempts Flashcards
Section … of the …
S.1 of the criminal attempts act
Ds actions must be …
‘more than merely preparatory’
What tests are used?
common law tests
The common law tests are
persuasive only
Geddes
D was waiting in school toilet with knife, rope, and masking tape. Held to not be an attempt as D did not move from preparation to execution.
Gullefer
D stopped dog race that his dog was apart of by jumping on the track. Court held that D had not ‘embarked on the crime proper’
Type of intent
Conditional intent
Conditional intent
Intending to take anything worth stealing.
Ags. Ref. 3
D threw petrol bomb. Mr for attempts is intention only.
2 Imposibility
Factual impossibility
Legal impossibility
Factual impossibility
an extraneous factor interrupts them from committing the crime proper. (not a valid defence)
Legal impossibility
The law does not ban them from their actions. Needs different law to cover their actions. (A valid defence)
Shivpuri
D believed he was smuggling drugs, but was just carrying harmless stuff.
Factual Impossibility: D believed to be committing a crime and it would be if he completed the crime.
Taffe
D believed smuggling currency was a crime, but it wasn’t illegal at all.
Legal impossibility: Where D believes he is committing, but it wouldn’t be crime if he managed to complete offence
Mens Rea
Intention, recklessness is usually ignored
