Attempts

Question 1

which act?

Answer 1

Criminal Attempts Act 1981

Question 2

Definition of an attempt

Answer 2

s.1(1) CAA 1981:
“If with intent to commit an offence… a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence”

Example
R V White - poisoned mother’s drink with cyanide intending to kill her, died of a Heart attack before she drank it = G of attempted murder

Charge of an Attempt can only be brought if full offence is TEW or indictable

An attempt specifically requires an act, omission is not enough

Question 3

which type of offences can be an attempt?

Answer 3

TEW
Indictable

Question 4

an attempt requires…

Answer 4

An act. omission is not sufficient

Question 5

R V White

Answer 5

poisoned mother’s drink with cyanide intending to kill her, died of a Heart attack before she drank it = G of attempted murder

Question 6

AR of an Attempt

Answer 6

An act that is more than merely preparatory

Question 7

More than merely preparatory

Answer 7

D must have “embarked on the crime proper” - R V Gullefer
( meaning D must have gone beyond purely preparatory acts)#

Test in R V Geddes used:
1) Had the accused moved from planning/prep to execution?
“) Had thw accuses done an act in showing that he was actually trying to commit the offence?
OR
had he only gone as far as;
- getting ready
- putting himself in posotion
- equipping himself

Question 8

R V Gullefer

Answer 8

“embarked on the crime proper” - gone beyond preparatory acts

D jumped onto greyhound race track in order to have race declared void so he could reclaim money he’d bet on the race
this act was only preparatory to claiming the money, so conviction quashed

Question 9

R V Geddes

Answer 9

man with a knife and rope in school toilets, charged with attempted false imprisonment but conviction quashed - not quite moved from planning to execution

Question 10

Additional Attempts cases

Answer 10

R V Boyle & Boyle - once D enters a property, they will be committing burglary, so trying to gain entry is an attempt

R V Jones - D pulled out on ex’s new bf who managed to grab it and throw it out of the car = convicted of attempted murder

Question 11

No withdrawl

Answer 11

Once D has embarked on the crime proper, they cannot go back and use withdrawl as a defense - this is “Trite Law”

R V Toothill

Question 12

MR of an Attempt

Answer 12

Direrct Intent - Mohan
Oblique intent - Woolin
CONDITIONAL INTENT - e.g. stealing anything worth stealing, AG’s ref 1&2

Question 13

conditional intent

Answer 13

AG’s ref no.1&2
D could have conditional intent - fixed the problem faced in R V Husseyn

D could be charged with an attempt to steal some or all contents

Question 14

R V Husseyn

Answer 14

2 men seen loitering behind van who ran off when police approached, convicted of attempting to steal some scub-aqua equipment, conviction quashed as he actually intented to steal anything

Question 15

Easom

Answer 15

no evidence to permanently deprive = no attempted theft

rummaged through bag, but didn’t actually take anything

Question 16

MR of attempted murder

Answer 16

Must prove INTENTION to kill, Intention to do GBH is not enough

R V Whybrow

Question 17

R V Whybrow

Answer 17

D wired his wife’s bath, elecrocuted her, convicted of attempted murder
- had only intended to cause GBH, couldnt be convicted of attempt, but if she had died, he woulve been guilty

Question 18

Attempting the impossible

Answer 18

CCA s.1(2)
“a person can be guilty of attempting to commit an offence, even though the facts are such that the commission opf the offence is impossible”

R v Shivpuri

Question 19

R V Shivpuri

Answer 19

D received suitcase he believed had illegal drugs contained when really it was just vegetable matter
D convicted of attempting to be knowingly concerned in dealing with prohibited drugs