attempts

Question 1

Boyle and Boyle

Answer 1

broke lock and hinge

guilty of attempted burglary - MTMP

Question 2

Gullefer

Answer 2

distracted a dog race
not guilty - MP as they misused attempted theft
test - COA ‘had embarked on the crime proper’

Question 3

Jones

Answer 3

new boyfriend pointed gun in car
guilty - MTMP
test - COA confirmed Gullefer as Jones had embarked on the crime proper

Question 4

Campbell

Answer 4

outside post office with a gun - attempted robbery
not guilty - MP as he was outside
test - used the act

Question 5

Geddes

Answer 5

school boys toilets attempted kidnap
not guilty - MP as he didn’t touch the child
test - COA - 1 planning/execution - 2 ready equiped/ trying

Question 6

Tosti

Answer 6

examined padlock - attempted burglary
guilty - MTMP touched padlock
COA - applied Geddes execution and trying

Question 7

Mason

Answer 7

drink driver tried stealing car
not guilty - MP - as he didn’t put the key in the ignition
COA - Gullefer ‘had not embarked on the crime proper’

Question 8

Whybrow

Answer 8

electrocuted soap dish
guilty - all 4 intent to kill and GBH was sufficient
COA - failed to specify direct or oblique

Question 9

Mohan

Answer 9

COA - attempted murder intent to kill meant direct or oblique

Question 10

Walker and Hayles

Answer 10

COA - attempted murder direct or oblique using the virtual certainty test

Question 11

Millard and Vernon

Answer 11

COA - attempted criminal damage - MR is intent not SR

Question 12

Khan

Answer 12

4 men gang rape - attempted rape

guilty - intent/SR - COA agreed intent/SR is sufficient for consent

Question 13

AG Ref No3 of 1992

Answer 13

petrol bomb missed car and people
not guilty - COA, future cases would be guilty
CD whilst endangering life SR is sufficient

Question 14

Taylor

Answer 14

haystack fire - ran away

guilty - MTMP - withdrawal is no defence

Question 15

Easom

Answer 15

pinched PC cinema bag but put it back

not guilty of theft - COA refused to apply attempted theft as he didn’t steal a specific item

Question 16

AG Ref No1 & 2 of 1979

Answer 16

2 burglars charged with attempted burglary breaking into property
not guilty as he didn’t have intent to steal a specific item
COA future cases they would be guilty as they had intent to steal anything of value

Question 17

Anderton v Ryan

Answer 17

stolen video recorder that wasn’t stolen

not guilty - as it was an innocent act, attempted the impossible was a defence

Question 18

Shivpuri

Answer 18

thought it was drugs but wasn’t

guilty of attempting the impossible - no defence

Question 19

Taaffe

Answer 19

foreign currency but it was drugs
not guilty - the crime intended wasn’t a crime
attempted the impossible wasn’t a defence as the crime doesn’t exist