Preliminary Offences Flashcards
1
Q
What is the definition of attempted offences?
A
- If, with intent to commit an offence, a person does an act which is more than merely preparatory to the offence, they are guilty of attempting to commit the offence
2
Q
What is an attempted offence?
A
An attempted offence is when a person tries to commit an offence but fails to complete the offence
3
Q
What are attempted offences under?
A
Seen in Criminal Attempts Act 1981
4
Q
What is the AR for an attempt?
A
An act which is more than merely preparatory
5
Q
What test can we use to see if the act is more than merely preparatory?
A
- Had the accused moved on from planning or preparation to execution? If they were only planning, it is not merely preparatory
- Had the accused done an act to show they were trying to commit the full offence or was it only as far as equipping himself to do the act.
- Seen in R v Geddes
6
Q
What is the MR of an attempted offence?
A
- Has intent to commit the offence
- Must have the MR to commit the actual crime
- Recklessness is not enough for the MR
- Must prove that they had intent for the offence
- Attempted Murder must have the intention to kill
7
Q
What happens if the crime is impossible to complete?
A
- A defendant may intent to commit an offence and do everything to commit the offence however it is impossible to commit
- In Criminal Attempt Act 1981 : made an improvement to previous common law stating it was a criminal offence to attempt a crime even though it was impossible
- A person may be guilty of attempting to commit an offence even though the offence is impossible
8
Q
What are the fourteen key cases of attempted offences?
A
- Attorney General’s Ref (No1 of 1992)
- R v Gullefer (1987)
- R v Geddes (1996)
- R v Campbell (1990)
- R v Boyle and Boyle (1987)
- R v Tosti (1997)
- R v Jones (1990)
- R v Easom (1971)
- R v Husseyn (1997)
- R v Whybrow (1951)
- R v Millard and Vernon (1987)
- Attorney Generals Ref (No3 of 1992)
- Anderton v Ryan (1985)
- R v Shivpuri (1986)
