chapter 9- preliminary offences; Attempt Flashcards
R v White
-D poisoned mum’s drink, intending to kill her
-She had a heart attack before she could drink it
-As he tried to kill her he was convicted of attempted murder
(Attempt definition)
R v Gullefer
-D jumped onto a rack track to void a race so that he could get his money back
-His conviction for attempting to steal winnings was quashed as he had not embarked on the crime properly
(actus reus- more than merely preparatory)
Attorney General’s Reference 1 of 1992
-D forced a girl into a shed and removed both of their clothes
-He was unable to maintain an erection so couldn’t rape her
-He was convicted of attempted rape as the act of undressing them both was more than merely preparatory
(actus reus- more than merely preparatory)
R v Geddes
-D was found in boys toilets at a school with a knife, rope and masking tape
-Didn’t have permission to be there but didn’t speak to any pupils
-His conviction for attempted false imprisonment was quashed
(Actus reus- mere preparation)
R v Campbell
-D was stopped outside the post office with a fake gun and a threatening note
-Conviction for attempted robbery was quashed as he hadn’t entered the post office or approached anyone in a threatening manner
(Actus reus- mere preparation)
R v Boyle and Boyle
-D’s were found standing behind a door, of which the lock and hinge was broken
-CoA held that they had tried to gain entry and upon entry would be guilty of burglary
(Successful attempt convictions)
R v Jones
-D’s partner ended the relationship as she was seeing V
-D bought a shot gun and shortened the barrel, then found V in his car
-D was wearing a helmet, got in the car and pointed the gun at him
-V grabbed the gun
-D’s conviction for attempted murder was upheld as, as soon as D pointed the gun at V it was enough to let the jury decide if he was guilty
(Successful attempt convictions)
R v Easom
-D picked up a bag and rummaged through it but took nothing
-HIs conviction was quashed as there was no evidence he intended to take the purse or what was inside
-Due to conditional intent
(mens rea of attempt)
R v Whybrow
-D wired his wife’s bath in order to cause her an electric shock
-She received an undeadly shock so conviction was upheld, but the judge made it clear that there had to be an intention to kill his wife rather than seriously harm
(mens rea of attempted murder)
R v Millard and Vernon
-D pushed against a fence at a football ground
-Although convicted, it was quashed as there was no intention to damage, only recklessness to whether damage was caused
(mens rea- recklessness and attempt)
Attorney General’s Reference 3 of 1992
-D threw a petrol bomb near a car with 4 people in, but it hit a wall and did nothing
-He wasn’t originally convicted as it was held he didn’t intend to commit arson and endanger life
-CoA held this was wrong and it was only necessary to prove D was reckless as to endanger life
(mens rea- recklessness and attempt)
Anderton v Ryan
-D bought a camera which was believed to be stolen
-The camera was later stolen during a burglary and she told the police she thought it was stolen originally
-It was not originally stolen
-Found not guilty
(impossibility)
R v Shivpuri
- The decision in this overruled Anderton v Ryan, after the HoL issued a practice statement
- D agreed to take a suitcase he though had drugs in , but was only vegetable matter
- D was convicted by HoL for being concerned with drug dealing
