Peeliminary Offences

Question 1

Preliminary offences
Statute

Answer 1

S1 Criminal Attempts act 1981

Question 2

D didn’t have AR of murder so couldn’t be charged with that offence
So attempted murder

Answer 2

R v white

Question 3

Definition of attempt

Answer 3

If, with in intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence

Question 4

AR of Preliminary offences

Answer 4

Has the d done an act (not an omission) which is more than merely preparatory to the commission of the offence

Question 5

If there is evidence from which the jury can infer intention and proven acts that the jury could regard as more than more than merely preparatory then the question should be left to the jury

Answer 5

AG Ref No1 of 1992

Question 6

The judge questioned can jumping on track show he was trying to steal?
To complete acts more than merely preparatory he needed to go to the Buck maker and demand his money

Answer 6

R v Gullifer

Question 7

Line of demarcation between preparatory acts and attempts is not always clear or easy to recognise.
Judge every case on its own facts

Answer 7

R v Geddes