Criminal Attempts Flashcards
What is the definition of an ‘attempt’
Defined by s1(1) of the Criminal attempts act 1981
If a person does an act which is more than merely preparatory to the commission of the offence, she is guikty of attempting to commit the offence
What is the AR of attempts?
A person does an act which is more than merely preparatory to the commission of the offence
cases that show only mere preparation
R v Geddes - possession of large knife in school toilet but had not made contact with any pupils (had not moved from planning or preparation to execution)
R v Campbell - Imitation of a gun, threatening note in pocket outside post office. Attempted robbery quashed
cases that show there was a criminal attempt
R v Boyle & Boyle - trying to gain entry to a property amounted to attempted burgulary
R v Jones - D brought a shotgun, shortened the barrel, got into V’s car and pointed gun at V. Conviction for attempted murder was upheld
What is the MR of attempts?
D must have intention to commit the prohibited act
case to support MR of attempts
R v Easom - D picked up woman’s bag, rummaged through it but stole nothing. Conviction for theft was quashed, no evidence that D intended to permanently deprive owner of bag - had not fulfilled all requirements for theft
MR of attempted murder
Higher level of intention than for the full offence of murder
Prosecution must prove D had intention to kill, intention to cause serious harm is not enough
case for MR of attempted murder
R v Whybrow
D wired up his wife’s bath and caused her an electric shock, convicted for attempted murder
