attempts cases (AR) Flashcards
Attorney generals ref (no.1)
Facts: d dragged girl up to shed. He lowered his trousers and interfered with her private parts
Ratio: he had the necessary intent and had done acts which were more than merely preparatory
R v Jones (1990)
Facts: d bought shotgun and shortened the barrel. Wearing a crash helmet with the visor down and got into v’s car and pointed the gun at v. V grabbed gun and managed to throw it out the window
Ratio: buying gun, shortening it, loading it and disguising himself were all preparatory acts
R v Boyle and Boyle
Facts: d’s were found standing near a door of which the lock and hinge were broken
Ratio: once d’s entered they would be commuting burglary so trying to gain and entry was an attempt
R v Tosti and white
Facts: d took metal cutting equipment and hid it behind a hedge he then examined the padlock on a door
Ratio: burglary is committed the moment d enters as a trespasser with the intent to steal
R v gullefer
Facts: d jumped into race track in order to have it declared void so he can claim back his money
Ratio: actions were merely preparatory to committing the offence
R v Geddes
Facts: d found in boys toilets in possession with large kitchen knife some rope and masking tape
Ratio: did not surpass the preparation stage to the implementation stage and execution stage
R v Campbell
Facts: d was standing outside a post office with a threatening note and imitation gun
Ratio: acts were indicative of mere preparation