PAPER 1 - Section B: Preliminary Offences Flashcards
1) What is an attempt and it’s relevant CASE
An attempt is where a person tries to commit an offence but fails to complete it for some reason
R v WHITE - Tried to kill his mhm
2) What act is attempts under?
Section 1 of the Criminal Attempts Act 1881
States that - ‘If a person intends to commit an offence does an act which is more than merely preparatory to the commission of the offence, he’s guilty of attempting to commit the offence’.
3) What is the actus reus of attempts?
A person does an act which is more than merely preparatory to the commission of the offence.
Give 3 relevant cases for the actus reus of attempts
Geddes - CA asks ‘has D actually tried to commit the offence in question?’
Even though D was in possession of a knife, rope and masking tape and had no right to be in the school. He wasn’t guilty of attempted false imprisonment because did not come into contact with any pupils.
Atternal General Reference - D need not have performed the last act as he reached the point of no return. He attempted to rape a girl and even interfered with her private parts, however, he did not get an erection. Conviction was upheld because the offence was complete when he removed his trousers and molested the girl, so physical penetration wasn’t needed. If he did have an erection, he would have raped the victim.
Jones - D pointed a gun at V in a car wearing a crash helmet as a disguise. V disarmed him. D was still guilty of attempted murder because buying a loaded gun and the disguise were all preparatory acts. Once he pointed the gun at V, there was sufficient evidence for the jury to decide whether there was an attempt.
5) What is the mens rea for attempts?
D must normally share the same intention as required for the full offence.
Give TWO cases for the mens rea of attempts
Easom - Picked up a women’s bag in a cinema, rummaged through it, then put it back on the floor without removing anything from it.
Husseyn - Seeing loitering near the back of a van bur ran off when police arrived.
Both acquitted of theft because the prosecution couldn’t prove what they intended to steal HOWEVER they would be guilty of attempting to steal some or all the content.
What does the court say about the mens rea of attempted murder?
For attempted murder, the prosecution must prove an intention to kill.
Whybrow - Convicted of attempted murder - using electricity to kill someone is almost certain.
What is impossibility? Relevant CASE
A person may be guilty of attempting to commit an offence even if the commission of the offence is impossible.
Shivpuri - D agreed to receive a suitcase full of prohibited drugs. However, it was vegtable and snuff. He was srikl convicted.
Jones - Wanted to fuck a 12 year old but she was undercover feds. He was charged with inciting a minor, even though ‘Amy’ wasnt really, D was convicted for attempting the impossible.
