attempts

Question 1

r v white

Answer 1

he tried to commit murder but did not actually kill his mother. charged with attempted murder

Question 2

attempts act 1981 s1 (1)

Answer 2

“if, with intent to commit an offence…. a person does an act which is more than merely preparatory to the commission of the offence

Question 3

ar of attempt

Answer 3

‘more than merely preparatory’

Question 4

mr for attempt

Answer 4

with intent to commit that offence

Question 5

r v gullefer

Answer 5

lane lcd said that the acts refs of attempt is satisfied when d ‘embarks upon the crime proper’ this is slightly clearer than the mmp test

Question 6

r v Boyle and Boyle

Answer 6

using the gullefer test it was clear they had embarked upon the crime proper, this was beyond the point of preparation

Question 7

r v campbell

Answer 7

d had not ‘embarked on the crime proper’ because he had not entered the post office, he had not attempted to remove the imitation firearm, he was not wearing a disguise, and his acts were merely preparatory

Question 8

r v geddes

Answer 8

coa ruled that hiding in childrens toilets. with kidnapping equipment was no more than simple preparation. it did not qualify as ‘more than merely prepartory’ and was not seen as not yet implementing the plan.

Question 9

ag ref no 1

Answer 9

the defendant need not have performed the last act before it makes the crime proper, nor need he have reached the point of no return

Question 10

millard and vernon

Answer 10

recklessness won’t suffice

Question 11

ag ref no1 and 2 of 1979

Answer 11

coa decided that if the d had a conditional intent he could be charged with attempt to steal

Question 12

r v whybrow

Answer 12

the coa held that the intention to kill is necessary element for an attempted murder conviction intention for gah will not suffice