Preliminary offences of attempt

Question 1

Attempt definition

Answer 1

Where someone tried to commit a crime and for some reason fails to complete it

Question 2

What are attempted offences defined under?

Answer 2

Criminal Attempts Act 1981

Question 3

Inchoate Offences =

Answer 3

Incomplete offences and doesn’t apply to summary offences

Question 4

AR : To which this section of law applies a person which is..

Answer 4

“merely more than preparatory”

Question 5

Main tests that come from the courts were:

Answer 5

• The Last act test
• The proximity test

Question 6

The Last act test

Answer 6

Had the defendant done the last act he could before committing the crime?

Question 7

The proximity test

Answer 7

were the defendants acts ‘ so immediately connected ‘ to the actus reus of the offence as to justify liability for attempt?

Question 8

Who decides whether the act is ‘ merely more than preparatory ‘

Answer 8

the jury!

Question 9

More than merely preparatory cases

Answer 9

• R v Gullefer 1987 where D jumped on to greyhound track so could get bet money back and his conviction to steal was quashed as his actions were merely preparatory as he had not asked the bookmarker directly for the money back
• R v Campbell 1996 where D PLANNED to rob post office but was arrested before entered. act was ‘merely preparatory’ and conviction was quashed.

Question 10

Going beyond more than merely preparatory cases :

Answer 10

• R V JONES 1990 - D bought gun, got in V car and told him to drive to secluded place, then pointed gun at V. Safety was still on, V grabbed gun, threw out of window of window and escaped.
  D PERFORMED ACTS TO BE ‘MORE THAN MERELY PREPARATORY’
• R v TOSTI 1997 attempted to burgle a barn, brought tools and getaway cars but were disturbed examining locks and ran off - ACTS WERE ‘MORE THAN MERELY PREPARATORY’

Question 11

Actus Reus of an attempt

Answer 11

an act which is ‘more than merely preparatory

Question 12

Mens Rea of an attempt (2)

Answer 12

‘Intention to commit an offence’
‘Attempted Murder’

Question 13

MR ‘intention to commit an offence’ cases

Answer 13

• Easom (1971) went through ladies purse at cinema but didn’t steal anything. No proof defendant had any intent
• Husseyn (1977) D was convicted of attempting to steal equipment that was in van but was quashed - defendant and another man was hanging around back of van but ran when approached by police.

Question 14

MR - attempted murder cases

Answer 14

Whybrow (1951) - defendant wired up his wife’s bath and caused her to have electric shock and he was convicted of attempted murder.

Question 15

4 stages of establishing an attempt

Answer 15

1. Identify offence D has attempted to commit
2. Identify actus reus elements of that offence
3. Consider whether D’s acts were more than merely preparatory
4. Decide if D intended the offence

Question 16

Impossibility s.1(2)

Answer 16

’ A person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible’

Question 17

Impossibility s. 1(3)

Answer 17

Intention wouldn’t be regarded as having intention to commit an offence but would still be regarded if facts of case had been as he believed them to be

Question 18

R v Shivpuri 1986

Answer 18

D attempted to deal and harbour drugs (substance was harmless and ‘fake drug’) , even though completion of the offence was impossible, D was still guilty for attempt (INTENT)

Question 19

Problems with law on attempts (3)

Answer 19

• Not always clear whether what’s ‘merely more than preparatory’ and whats an attempt
• wording in Criminal Attempts Act 1981 states defendant must do an act , this means that attempt cannot be committed by an omission
• Should a defendant be guilty where it is impossible for him to commit the full offence?