Preliminary Offence of Attempt Flashcards

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1
Q

Under what statute is attempt defined?

A

S.1(1) Criminal Attempts Act 1981

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2
Q

What is the definition of attempt?

A

“The intent to commit an offence where a person acts more than merely preparatory to the commission of the offence”

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3
Q

What type of offence can not have an offence of attempt?

A

Summary offences

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4
Q

What was held in R v White?

A

The defendant was convicted of attempted murder even though the victim died of a heart attack before they could drink the poison

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5
Q

What is the actus reus of attempt?

A

It is more than merely preparatory for the main crime

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6
Q

What was held in the Attorney General’s reference 1 of 1992?

A

The defendant need not have performed the act before the crime proper, nor need they have reached the ‘point of no return’

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7
Q

What was held in R v Gullefer?

A

“Merely preparatory” means that the defendant must ‘embarked on the crime proper’

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8
Q

What is the test in Geddes?

A
  1. Had the accused moved from planning to execution/implementation?
  2. Have they actually tried to commit the offence or have they just equipped themselves to do so?
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9
Q

What was held in R v Boyle and Boyle?

A

The COA held that once they entered the property, they would be committing burglary, so trying to gain entry was an attempt

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10
Q

What was held in R v Jones?

A

The COA held that buying the gun, shortening it, loading it and disguising himself were all preparatory acts. But once D got into V’s car and pointed the gun, there was sufficient evidence to allow consideration of an offence of attempt

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11
Q

What is the mens rea of attempt?

A

The defendant should have the same level of intention required for the full offence

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12
Q

What was held in R v Easom?

A

No evidence that D intended to steal the items in the bag, so couldn’t be convicted of attempted theft

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13
Q

Critically evaluate R v Easom.

A
  • Surely D intended to steal it though, they put the bag down as there was nothing worth stealing
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14
Q

What was held in Attorney General’s reference 1 and 2 of 1979?

A

If the defendant had conditional intent, D could be charged with attempt to steal its contents

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15
Q

What would have happened in Easom and Huseyn, providing that Att. General’s reference 1 and 2 of 1979 was in force?

A

They would both have been charged

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16
Q

What is the mens rea for attempted murder?

A

A higher level of intention than murder.
The defendant needs to have had an intent to kill

17
Q

What was held in R v Whybrow?

A

The conviction of attempted murder was upheld.
It was stressed that only an intention to kill was sufficient mens rea for attempted murder

18
Q

What was held in R v Millard and Vernon?

A

The COA quashed convictions of attempted criminal damage as recklessness is not sufficient mens rea for attempt

19
Q

What was held in the Attorney General’s Reference 3 of 1992?

A

Recklessness may be sufficient as to one part of the mens rea of the offence

20
Q

What is stated in S.1(2) Criminal Attempts Act 1981?

A

“A person may be guilty of attempting to commit and offence even though the facts are such that it is impossible”

21
Q

What was held in Anderton v Ryan?

A

The House of Lords held that although Ryan had gone beyond merely preparatory acts, all her acts were innocent and S.1(2) did not make her guilty

22
Q

In what case was Anderton v Ryan overruled?

A

R v Shivpuri

23
Q

What happened in R v Shivpuri?

A

defendant was convicted of attempting to be knowingly involved in dealing prohibited drugs, despite there not being the drugs that D thought there was in the suitcase

24
Q

What is the ‘last act’ test?

A

Has the defendant done the last act necessary before the commission of the full offence?

25
Q

What is the ‘substantial step’ test?

A

Has the defendant taken a substantial step towards the commission of the offence?

26
Q

What was held in R v MS?

A

There is a clear distinction between someone placing themselves in a position to commit the offence and preparing to commit the offence