Criminal Attepmpts Flashcards
Criminal Attempts: Section 1(1) of the Criminal Attempts Act 1981
Indictable Offence: The maximum penalty is the same as for the substantive (full) offence.
- A person convicted of attempting an offence shall be liable to the penalty of the full offence.
Summary offence cannot be attempted.
Definition
If, with intent to commit an offence triable on indictment, a person does an act more than merely preparatory to committing the offence, they are guilty of attempting to commit the offence.
Lord Reid: “A man may set out to commit a crime with inadequate tools. He finds that he cannot break in because the door is too strong for him. Or he uses poison which is not strong enough. He is certainly guilty of attempt; with better equipment or greater skill he could have committed the full crime.”
Criminal Intent or Mens Rea (Guilty Mind)
The suspect must have the intent to:
- Commit full offence: the suspect intended to steal a car or rob a person
- Take part in a series of acts which will lead to a final outcome of committing the full offence: The suspect made a point of collecting the tools together, going to the house and forcing a window in order to break in
- Carry out all the elements of the offence: In order to attempt a theft, for example, the suspect must have acted dishonestly with the intention of appropriating the property belonging to another and of permanently depriving the other of it.
Elements
In order for a suspect to be found guilty of a criminal attempt, he must have more than an intention to do it.
He must demonstrate a guilty intent by carrying out the type of act which amount to more than merely preparing to commit the offence.
Example
NOT Attempt: A suspect has some rags and a container of petrol in a bag. He is taking them to his rival’s house = still preparatory
ATTEMPT: If he went to his rival’s front door and pushed a petrol-soaked rag through the letter box, and then used a match to try and set the rag alight = clear intent to carry out arson.
Elements
The final act carried out by the accused must be in combination with all the other preparatory acts and have no purpose other than to complete the full offence.
Example
A group of people are getting out of a van adjacent to a yard containing copper scrap. They cut a large hole in the fence, big enough for a person to pass through. They spot a security guard and quickly leave, but are stopped some distance away. One of the group has some wire cutters in his pocket and another throws a pair of bolt croppers out of the van. Their actions amount to more than preparations to steal => they have committed attempt under S.1(1) of the Criminal Attempts Act 1981.
Helpful Questions to Consider
Does the available evidence demonstrate that the defendant has performed an action which shows that he/she has actually tried to commit the offence in question?
OR
Has she/he merely become ready to put herself/himself in a position or equipped him/herself to do so?
It is NOT sufficient that the defendant made preparations, obtained suitable materials or equipment, got ready, and put him/herself in a position to commit the offence charged.
Criminal Attempt, The Intent: Section 1(3) of the Criminal Attempts Act 1981
If a person carries out an act which is an attempt to do something which they believe to be an offence, then because of their intent, they are still guilty of an offence of attempt.
In other words
- If a person believes that, by their actions, they would be committing an offence, when in fact it is the person’s understanding that is wrong, the intention to try and commit an offence is sufficient to complete an offence under this act.
Examples
1. I go to a car boot sale and see on a stall a load of high-end equipment being sold by two young lads. They are selling them for £5-10 each. I know they should be 7-8 times more than this and I believe at this point that they are probably stolen, but I fancy a bargain and buy a blue ray player for a tenner. It turns out all the stock is legitimate and has been purchased in bulk owing to it being fire damaged. My intent was that I wanted to buy stolen goods so owing to my intent and belief they were stolen, I am guilty of attempting to handle stolen goods.
Thorough Planning and Practical Preparation: Section 1(2) of the Criminal Attempts Act 1981
A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.
There must be evidence that the person actually planned to personally carry out the act, rather than just planning it, in which case someone else could have carried it out: ‘the person does an act which is more than merely preparatory to the commission of the offence’.
It does not matter whether the attempted offence would actually have been impossible to carry out.
Examples
1. A woman is paid money to travel from another country to the UK that she believes contains heroin. On arrival in the UK, her suitcase is searched and she admits to transporting heroin into the UK. However, tests on the substances in the suitcase reveal them to be harmless vegetable matter, and not drugs. The offence of importing controlled drugs has not been committed, but she has still ATTEMPTED to commit the crime.
- A woman fires a bullet at the body of a man lying on a bed intending to kill him, but she did not know the man was already dead. Even though the full offence of murder is impossible, she has still in fact attempted to kill someone.
- A man tries to steal property from a woman’s pocket. He inserts his hand but finds nothing because the pocket is empty. Even though the full offence of theft is impossible, he has still attempted to commit the offence of theft.
Difference between S.1(3) and S.1(2)
Section 1(3):
- The act attempted is possible, but
- It is not an offence
- The offender believes it is an offence and is possible
Section 1(2)
- The act attempted is not possible,
- But had it been possible, it would have constituted an offence
- The offender believes it is both an offence and possible
