Law of Attempts Flashcards
What is an attempt?
An attempt is where a person tries to commit an offence but for some reason fails to complete it
What is a case example of an attempt?
R v White
Attempted to kill his mother
What Act and year covers attempts?
Criminal Attempts Act 1981
What does S.1(1) Criminal Attempts Act 1981define attempts as?
If with intent to commit an act a person does an act that is more than merely preparatory to the commision of the offence, he is guilty of attempting to commit the offence.
Must go beyond mere preparation
Is a sentence reduced for an attempted crime?
No they can recieve the same sentence as the full crime
What is the Actus Reus of attempts?
A person does an act that is more than mere preparation
What cases are examples of ‘mere preparation’?
2
R v Gullefer
R v Geddes
What is the case of R v Gullefer?
Jumped on to greyhound track to reclaim bet - preparation for theft nothing more.
No conviction
What is the case of R v Geddes?
Man in boys toilet attempting false imprisonment - only as far as planning stage.
Case quashed in court of appeal
What cases are examples that go ‘beyond mere preparation’?
3
A.G Ref (No1 1992) (1993)
R v Boyle and Boyle
R v Jones
What is the case of A.G Ref (No1 1992) (1993)?
Dragged girl to shed dropped trousers and sexually asssaulted. Penis flaccid didnt matter, bringing to shed prep > dropping rousers beyond
What is the case of R v Boyle and Boyle?
Broke lock and hinge didnt enter. Going in wouldve been burglary so breaking lock attempt.
What is the case of R v Jones?
Pointed gun at victim - saftey catch on. Buying gun/loading prep > getting into car and pointing went further.
Attempted murder
Can a person have the inability to commit actus reaus due to change of mind?
Yes
Cases vary as to whether preparation or beyond preparation
What two cases apply to D not commiting AR due to change of mind?
R v Campbell
MS
What is the case of R v Campbell?
Going to rob post office changed his mind.
Merely preparation
What is the case of MS?
Wanted to take children abroad without husband knowing got 85 miles from drover before police stopped them. Beyond mere preparation in court of appeal.
Back to crown court for re-trial
What is the Mens Rea for an attempt?
Normally need the same intention as would be reqired for full offence
What is the case of R v Easom?
Theft case nothing worth stealing in handbag
Charged with attempted theft
What is the case of A.G. Ref 1979?
Conditional intent intended to steal nothing worth stealing.
Could be charged with attempted theft
What is the case of Pace and Rogers?
The MR for attempts is the ‘intent’ to commit the full offence
What is the MR for attempted murder?
Must be the intent to kill. Intention to cause GBH not enough for attempted murder.
