Chapter 11 key cases (Preliminary offences: Attempts)

Question 1

R v Gullefer (1987)

Answer 1

• The defendant jumped onto a greyhound race track in order to have the race declared void and so enable him to reclaim the money he had placed on a bet.
• His conviction for attempting to steal was quashed because his action was merely preparatory to committing the offence.

Question 2

Attorney-General’s reference (1933)

Answer 2

• The defendant dragged a girl up some steps to a shed.
• He lowered his trousers and sexually assaulted her.
• His penis remained flaccid.
• He argued that he could not therefore attempt to commit rape.
• His conviction for attempted rape was upheld.

Question 3

R v Tosti and White (1997)

Answer 3

• The defendant intended to burgle premises.
• He took metal cutting equipment and hid it near the premises.
• He then examined the padlock and could not break it so it was not damaged.
• He was convicted of attempted burglary.

Question 4

R v Whybrow (1951)

Answer 4

• The defendant wired up his wife’s bath ans caused her an electric shock.
• He was convicted of attempted murder.
• When he appealed, the court stressed that only an intention to kill was sufficient for the men’s rea of attempted murder.
• As he only intended to cause GBH, he was not guilty of attempted murder even though he would have been guilty of murder if she had died.

Question 5

Anderson v Ryan (1985)

Answer 5

Mrs Ryan bought a video recorder very cheaply.
- She thought it was stolen.
- Later she admitted this to the police who were investigating a burglary at her house.
- Her conviction was quashed because the video recorder was not in fact stolen; it was cheap because it was defective.