Criminal attempts Flashcards
What was the last act test?
Whenever D has performed the last act necessary to constitute the offence
- Only appropriate in limited no of situations as most crimes have manifested themselves dangerously and criminally before D’s last act is completed
What is the unequivocally test?
- Objective theory of manifest criminality
- Attempt begins when D performs an act(s) which points to his intention to commit relevant offence.
What is the Rubicon Test?
- D had to cross the line where there was no chance of going back - “burnt his boots”
- Prob - difficult for police to intervene once a crim has started a job
In what case did a jeweller stage a fake burglary?
ROBINSON 1915
- D intended to make a fraudulent insurance claim
- Tied himself up and hid some jewels
- When police arrived they disbelieved story and found the jewels.
- Charged with attempting to obtain money by false pretences
- CofA - held that actions insufficiently proximate to constitute as an attempt.
- Lord Reading - Attempt would be constituted at time the facts of the pretend burglary were communicated to the insurer
How were the new laws of criminal attempts designed from common law?
Designed to be flexible - as such very empty of meaning
In what case was an attempted rapist cleared?
DAGNALL
- D dragged woman by the hair and pushed her against a fence
- Said that he wanted to fuck her then rape her
- Convicted of attempted rape but would intent to rape be a better charge? Had not started the act of rape
In what case did D abduct a love rival outside a school?
JONES 1990
- Bought a shotgun, shortened the barrels and waited outside a school where V was about to pick up daughter.
- On V’s arrival, D jumped into car and told V to drive
- Told V to park car then pointed gun at Vsaid “you are not going to like this”.
- V grabbed gun and threw out of window.
- D convicted of attempted murder - appeal failed. Seen as past the point of preparation
In what case did a post office robber get cleared?
CAMPBELL
- D planned to rob PO but was apprehended by the police within a yard of the PO carrying gun and a written demand for cash
- Conv for attempted robbery
- CofA insisted number of jobs remained incomplete so quashed conviction
In what case did D believe he was smuggling Heroin or Cannabis?
SHIVPURI 1987
- Asked in India to recieve a package when home in Cambridge from a courier.
- Then asked to deliver to Southall station.
- Arrested at the station
- Although the contents turned out to be vegetable matter, possibly Snuff, conficted under criminal facts act based on his own belief not the actual contents.
