Attempts Flashcards
Definition of attempt
-Where a person tries to commit an offence, has the MR to do it but for some reason fails to do so
Example of an attempt
-Dft fires gun at victim, intending to kill them, just as they pull the trigger, victim ties shoelace and bullet misses. Dft intended to kill but didnt succeed, can’t be murder as the victim is still alive. Charged with attempted murder
R v White
-D put cyanide in mother’s drink intending to kill her. She died of a heart attack before she could drink it. Dft not factual cause of her death, not guilty of murder but attempted murder
In what act is attempts defined and what does this state?
-S.1(1) Criminal Attemtps act 1981 (CAA) ‘If with intent to commit an offence, a person does an act which is more than merely preparatory to the comission of the offence, he is guilty of attempting to commit the offence.’ (If D’s actions are merely preparatory then there is no attempted offence)
What is needed for an attempt to be proved?
-Charge only be brought if full offence is one which is triable on indictment (summary can’t be charged as attempt of that crime)
-Act is required, cannot be an attempt at a crime that can only be committed by omission
-P must prove AR: a person does an act which is more than just preparing to commit the offence, MR: with intent to commit that offence
Actus reus - more than merely preparatory definition
Case names
-R v Gullefer
-Attorney-Gen ref no 1 of 1992
-R v Geddes
R v Gullefer
‘more than merely preparatory’ means that the dft must have gone beyond purely preparatory acts and be ‘embarked on the crime proper’
-D jumped onto greyhound racing track to void race, claim the money. Conviction for attempting to steal quashed, action merely preparatory to committing the crime
AG’s ref no 1 of 1992
-Attempt begins when the merely preparatory acts come to an end and dft embarks on the crime proper
-D dragged girl to shed, lowered trousers and sexually assaulted her, penis remained flaccid, therefore argued couldn’t attempt to commit rape. Conviction for attempted rape upheld
-Dft doesn’t need to perform last act before the crime nor reach point of no return
R v Geddes
-Shows acts only preparatory. Attempt begins when preparatory come to end and dft embarks on crime proper.
-D found in boys toilet of school with knife rope and masking tape. No right to be there. Hadn’t contacted the students.
-conviction of attempted false imprisonment quashed on appeal
What were the 2 questions that the court of appeal stated should be asked when considering attempts?
- Had the accused moved from planning or preparation to execution or implementation?
- Had the accused done an act showing he was actually trying to commit the full offence or had he only got as far as getting read or putting himself in a position or equipping himself to do so?
Case for merely preparatory, attempting to steal from post office
-R v Campbell
-D had imitation gun, sunglasses and threatening note, loitering outside post office
-Went away and returned diff appearance
-in street one metre from post office arrested and admitted he was going to rob
-quashed as merely preparatory
-next step would be for him to enter post office
What are the 3 cases in which there was an attempt and had gone beyond mere preparation?
-R v Boyle and Boyle
-R v Tosti and White
-R v Jones
R v Boyle and Boyle
-D’s found standing by a door with broken lock and hinge, conv for attempted burglary upheld.
-test whether embarking on the crime proper
-once they entered they would be committing burglary so trying to gain entry was attempt
R v Tosti and White
-D intended to burgle, took metal cutting tools and hid in hedge near property. Examined padlock, didnt damage. Guilty attempted burglary.
-Burglary committed at the moment D enters premesis as a trespasser with intent to steal or do other offences, Robbery not until actually steal and use force
R v Jones
-D’s partner told him wanted relationship to end, seeing other man, V. D bought shotgun and shortened barrel. Found v in car and got in car with helmet and visor down. Pointed at him, v grabbed and threw out window
-conviction upheld, tried to argue safety catch still on hadn’t done last act but by buying, shortening, loading and wearing visor was sufficient evidence.
