Preliminary Offence: Attempt Flashcards
What is attempt?
When a person with the relevant mens rea does an act which is more than merely preparatory to the commission of an offence.
What case is an example of attempt to commit murder?
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.
R v White (1910)
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.
In general what type of offences cannot be the subject of an attempt?
Summary offences
What is the actus reus of attempt?
Does an act which is more than merely preparatory to the commission of an offence.
What is the mens rea for attempt?
With intent to commit that offence.
What 2 cases are examples of occasions when merely preparatory acts have not led to a conviction of attempt?
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.
R v Geddes (1996)
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.
R v Campbell (1990)
Example of: merely a preparatory act.
Facts: D stood outside a post office with imitation gun. D NOT guilty of attempted robbery.
What act and section gives the definition for attempt?
s1(1) Criminal Attempts Act (1981)
s1(1) Criminal Attempts Act (1981)
Definition of attempt
What case demonstrates an attempt, including all the parts up to the actual act itself?
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.
R v Jones (1990)
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.
What case is an example of a lack of mens rea for attempt and therefore no grounds for conviction?
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.
R v Easom (1971)
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.
What case resolved the issue of crimes that could not be considered attempts as they were not complete, such as R v Easom (1971)?
AG ref number 1 and 2 1979.
AG Ref no. 1 and 2 1979
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)
What is the mens rea for attempted murder?
Intent
How is the mens rea for attempted murder different from murder?
Intent must be proven. Not just intent to commit murder or GBH as in the offence of murder.
What case demonstrates that the mens rea for attempted murder is intent to commit murder?
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.
R v Whybrow (1951)
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.
What case demonstrates that recklessness is not NORMALLY sufficient mens rea for an attempt?
Millard and Vernon (1987)
Facts: D’s repeatedly pushed against wooden fence at football grounds. D’s were not guilty of attempted criminal damage.
Millard and Vernon (1987)
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.
What case demonstrates an example where recklessness was sufficient for attempt?
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.
AG ref no. 3 of 1992
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.
What act and section provides that D can still be guilty of an attempt even if the offence is impossible to commit?
s1(2) Criminal Attempts Act 1981
s1(2) Criminal Attempts Act 1981
Provides that D can still be guilty of attempt even if it is impossible to commit the offence.
What case demonstrates that D can be guilty of attempt even though it would be impossible to commit the full offence?
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.
R v Shivpuri (1986)
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.
