Preliminary Offence: Attempt

Question 1

What is attempt?

Answer 1

When a person with the relevant mens rea does an act which is more than merely preparatory to the commission of an offence.

Question 2

What case is an example of attempt to commit murder?

Answer 2

R v White (1910)

Facts: D put poising in his mum’s tea but she died of a heart attack just before she drank it. D convicted of attempted murder.

Question 3

R v White (1910)

Answer 3

Example of: attempt to commit murder.

Facts: D put poison in his mum’s tea but she died before she drank it anyway. D convicted of attempted murder.

Question 4

In general what type of offences cannot be the subject of an attempt?

Answer 4

Summary offences

Question 5

What is the actus reus of attempt?

Answer 5

Does an act which is more than merely preparatory to the commission of an offence.

Question 6

What is the mens rea for attempt?

Answer 6

With intent to commit that offence.

Question 7

What 2 cases are examples of occasions when merely preparatory acts have not led to a conviction of attempt?

Answer 7

R v Geddes (1996)-D hiding in boys school with tape and knife.

R v Campbell (1990)-D in street outside post office with imitation gun.

Question 8

R v Geddes (1996)

Answer 8

Example of: merely a predatory act and not attempt.

Facts: D his in schoolboys toilet with knife and tape. D NOT guilty of attempt to false imprisonment.

Question 9

R v Campbell (1990)

Answer 9

Example of: merely a preparatory act.

Facts: D stood outside a post office with imitation gun. D NOT guilty of attempted robbery.

Question 10

What act and section gives the definition for attempt?

Answer 10

s1(1) Criminal Attempts Act (1981)

Question 11

s1(1) Criminal Attempts Act (1981)

Answer 11

Definition of attempt

Question 12

What case demonstrates an attempt, including all the parts up to the actual act itself?

Answer 12

R v Jones (1990)

Facts: D acquired shotgun, and, whilst wearing a crash helmet with visor down, got into V car and pointed weapon at V. V threw weapon out window.
D guilty of attempt to commit murder.

Question 13

R v Jones (1990)

Answer 13

Example of: an attempt to commit, including all the parts leading up to the crime.

Facts: D bought shotgun and wearing crash helmet got into V car and pointed weapon at V. V threw weapon out window. D guilty of attempt to commit murder.

Question 14

What case is an example of a lack of mens rea for attempt and therefore no grounds for conviction?

Answer 14

R v Easom (1971)

Facts: D took woman’s handbag, examined contents but decided nothing was worth taking. D lacked mens rea for Theft and was therefore NOT guilty of attempted theft.

Question 15

R v Easom (1971)

Answer 15

Example of: a case where D lacked mens rea for conviction of attempt.

Facts: D took handbag but after examining contents decided nothing was worth taking. D lacked mens rea for Theft and therefore attempt to commit theft.

Question 16

What case resolved the issue of crimes that could not be considered attempts as they were not complete, such as R v Easom (1971)?

Answer 16

AG ref number 1 and 2 1979.

Question 17

AG Ref no. 1 and 2 1979

Answer 17

Provisions: that if D had a conditional intent, D could then be charged with attempt. This has consequences for the findings in R v Easom (1971)

Question 18

What is the mens rea for attempted murder?

Answer 18

Intent

Question 19

How is the mens rea for attempted murder different from murder?

Answer 19

Intent must be proven. Not just intent to commit murder or GBH as in the offence of murder.

Question 20

What case demonstrates that the mens rea for attempted murder is intent to commit murder?

Answer 20

R v Whybrow (1951)

Facts: D wired up his wife’s bath. Wife did not die. D charged with attempted murder but it was stressed that D MUST have intent to commit murder.

Question 21

R v Whybrow (1951)

Answer 21

Demonstrates: D must intend to commit murder for a charge of attempted murder.

Facts: D wired his wife’s bath up but she did not die. D guilty of attempted murder.

Question 22

What case demonstrates that recklessness is not NORMALLY sufficient mens rea for an attempt?

Answer 22

Millard and Vernon (1987)

Facts: D’s repeatedly pushed against wooden fence at football grounds. D’s were not guilty of attempted criminal damage.

Question 23

Millard and Vernon (1987)

Answer 23

Demonstrates: Recklessness is not normally sufficient mens rea for attempt.

Facts: D’s repeatedly pushed against a wooden fence at a football ground. D’s not guilty of attempted criminal damage.

Question 24

What case demonstrates an example where recklessness was sufficient for attempt?

Answer 24

AG ref no. 3 of 1992

Facts: D threw petrol bomb at car containing four men. Missed. D not guilty of attempted property damage and endangering life. But was found D only had to be reckless about endangering life.

Question 25

AG ref no. 3 of 1992

Answer 25

Demonstrates: that recklessness can be sufficient for a charge of attempt.

Facts: D threw petrol bomb at car with people in. Missed. D not guilty of attempt to endanger life as did not intend. However Court of Appeal ground recklessness to endanger life is sufficient.

Question 26

What act and section provides that D can still be guilty of an attempt even if the offence is impossible to commit?

Answer 26

s1(2) Criminal Attempts Act 1981

Question 27

s1(2) Criminal Attempts Act 1981

Answer 27

Provides that D can still be guilty of attempt even if it is impossible to commit the offence.

Question 28

What case demonstrates that D can be guilty of attempt even though it would be impossible to commit the full offence?

Answer 28

R v Shivpuri (1986)

Facts: D agreed to receive a suitcase full of what he believed was drugs. It was not intact drugs. D found guilty of attempting to be knowingly concerned in dealing with drugs.

Question 29

R v Shivpuri (1986)

Answer 29

Demonstrates: D can be guilty of attempt even though it would be impossible to commit the full offence.

Facts: D agreed to receive a suitcase of what he thought was drugs. Not in fact drugs. D found guilty of attempting to be concerned with dealing drugs.