Attempts Cases Flashcards
Series of acts test requires D to preform a series of acts that would have led to the commission of the full offence if D had not been interrupted. Approach followed in…
R v Boyle and Boyle
D need not have performed the last act before the crime proper. They need not have reached the point of no return.
AG Ref No.1 of 1992
D found his girlfriend was seeing another man, decided to kill his rival. Bought a gun, loaded it, left home in disguise with gun in bag. Jumped into V’s car pointing gun at him. V grabbed the gun threw it away and escaped. D’s actions were more than merely preparatory
R v Jones
D placed a bet on a greyhound. Seeing that his dog was losing, he climbed onto the track in front of them in order to distract them to have the race. He would then claim his stake back from the bookies. Conviction quashed actions merely preparatory
R v Gullefer
D was arrested outside a post office with a fake gun. Conviction quashed because the acts were merely preparatory. Police should have waited until he had entered the post office. Very controversial
R v Campbell
D his equipment in hedge used to burgle a barn. Approached barn, examined the padlock. Actions were more than merely preparatory and were convicted
R v Tosti
D his equipment in hedge used to burgle a barn. Approached barn, examined the padlock. Actions were more than merely preparatory and were convicted
R v Tosti
D was discovered in the boys toilet by a teacher. D left behind a rucksack with string, tape and a knife. Charged with attempted false imprisonment. Was not full offence because actions were merely preparatory
R v Geddes
Indicated intention is the men’s tea for attempts
Whybrow
For attempted rape, there are also two aspects to mens rea. D must intend to commit sexual intercourse but can be reckless about her consent.
Khan & Others
An element of recklessness is sufficient for attempted arson with intent to endanger life
AG Ref No. 3 of 1992
If D has oblique intention, Nedrick and Woollin need to be applied
Confirmed in Walker & Hayles 1990
D picked up a handbag and searched through it. He put it back without taking anything. Found not guilty because he had not intention to permanently deprive, was looking to steal money but there wasn’t any
R v Easom
D and friend were hanging around the back of a van but scarpered when police approached. Convicted of attempting to steal sub-Aqua equipment
R v Husseyn
Conditional intent will do for intention, simply requires that the charge is carefully worded
AG Ref Nos. 1 & 2 1979
