(Crim) Preliminary Offences Flashcards
R v White (1910)
Attempts:
D killed his mother to gain inheritance. Poisoned her drink but the poison didn’t kill her and she later had a heart attack. Prosecution couldn’t prove that D’s actions were why she died but D was convicted of attempted murder
R v Gullefer (1987)
Actus Reus:
D put a bet on a greyhound. It became obvious that his dog wasn’t winning. D ran onto the tracks to get the race abandoned and get his stake back. CoA said he hadn’t gone beyond the prep stages.
R v Jones (Kenneth) (1990)
Actus Reus:
V took daughter to school. After he dropped her off a man jumped in the car with a gun and told him to drive. D said “You’re not going to like this”. V grabbed the gun and threw it. D said the act was prep as he did not take the safety off. Courts didn’t believe it.
R v Campbell (1991)
Actus Reus:
D was charged with attempted robbery after he was caught a yard away with an imitation gun going into a post office. CoA quashed his conviction “No Evidence”
R v Geddes (1996)
Actus Reus:
D found in boys school toilets, he ran off, he had string, tape and a knife. CoA quashed his conviction he had not gone beyond the preparatory stage.
R v Tosti (1997)
Actus Reus:
D1 & D2 had a plan to break into a barn. They hid equipment, examined the door, were seen and ran away. CoA said convictions were upheld.
R v Mohan (1976)
Mens Rea:
D was driving and a cop was telling him to slow down. He slowed down and then sped up at the policeman and he dove out of the way. D was charged with attempt for ABH.
R v Whybrow (1951)
Attempted Murder:
D’s wife was taking a bath and he attempted to kill her by attaching wires to the metal soapbox. Courts convicted him of attempted murder.
R v Walker & Hayles (1990)
Attempted Murder:
D’s threw V out of the window of a block of flats. Charged with attempted murder by indirect intent. (R v Woollin)
R v Shivpuri (1987)
Attempting The Impossible:
D was arrested after attempting to smuggle cannabis which turned out to be cabbage. Convicted of attempting to be knowingly concerned in dealing in controlled drugs.
R v Taaffe (1984)
Attempting The Impossible:
D attempted to smuggle bags of money into the UK. There is no such crime so he could not be convicted.
R v Jones (2007)
Attempting The Impossible:
Policewoman pretended to be a 12 year old girl luring in a pedo. D claimed that he could not be guilty as there was no 12 year old. He was convicted. CoA upheld it.
