Attempts

Question 1

Under what Act is attempts defined under?

Answer 1

S.1(1) Criminal Attempts Act 1981

Question 2

What does S.1(1) Criminal Attempts Act 1981 define an attempt as?

Answer 2

‘If with intent to commit the full offence, a person does an act which is more than merely preparatory, he is guilty of attempting an offence’

Question 3

What happened in the case of White?

Answer 3

Son poisoned mum’s drink to inherit estate, she died before drinking it
Act was more than merely preparatory as he put cyanide in the drink, was convicted of attempted murder

Question 4

What is the AR for attempts?

Answer 4

Must be a positive act that is more than merely preparatory
Actions which are undertaken to prepare for the crime are not an attempy
Preparing for a crime alone is not a crime

Question 5

What is the AR for attempted theft?

Answer 5

Must move from the planning/preparation stage to the implementation/execution stage
Do an act showing he was trying to commit the full offence rather than getting ready

Question 6

What happened in Boyle and Boyle?

Answer 6

D convicted as he was more than merely preparatory to commit burglary
Executed act by trying to enter

Question 6

What happened in Gullefer?

Answer 6

D placed bet on horse, feared it would lose so distracted dogs to make race void so he could get his money back
He hadn’t attempted to get his money back yet so was not convicted

Question 7

What happened in Jones?

Answer 7

D charged with attempted murder as his act were more than merely preparatory, when he entered car and pointed gun

Question 8

What happened in Geddes?

Answer 8

D found lurking in boys’ toilet of school with knife and tape
Actions were only merely preparatory as not moved into implementation stage

Question 9

What is the MR for attempts?

Answer 9

Must intend to commit the full offence, not liable if reckless in committing offence
If it can’t be proven D intended full offence, wont be guilty.

Question 10

What will happen for crimes with two possible intents?

Answer 10

D must intend the highest level of intent

Question 11

What happened in AG Ref No.1& No.2?

Answer 11

Conditional intent

Question 12

What happened in Whybrow?

Answer 12

D gave wife electric shock in bath, charged with attempted murder
Must have intend murder to be liable, only intended GBH

Question 13

What is withdrawal?

Answer 13

D may withdraw from attempt as long as he has not gone beyond the preparatory stages

Question 14

What happened in Taylor?

Answer 14

D was observed going to haystack with match, once he noticed he was being watched, he ran away
Irrelevant that ran away as he was more than merely preparing

Question 15

What are the different kinds of ATI?

Answer 15

Physical impossibility
Legal impossibility
Inadequate methods

Question 16

Which act does ATI come under?

Answer 16

S.1(2) Criminal Attempts Act 1981

Question 17

What does S.1(2) Criminal Attempts Act 1981 define?

Answer 17

Impossibility is no defence to attempts, even if impossible to carry out, will still be liable if gone beyond point of mere preparatio

Question 18

What happened in Shivpuri?

Answer 18

D thought he was smuggling drugs, but was vegetable matter instead, still convicted

Question 19

What happened in Taaffe?

Answer 19

D thought he smuggled prohibited currency, but was drugs.
Not convicted as must have MR for crime committed

Question 20

What happened in Latimer?

Answer 20

Belt bounced off man onto woman

Question 21

What happened in Pembliton?

Answer 21

D wanted to throw stone at people, hit window instead