Attempts

Question 1

act

Answer 1

s. 1 (1) Criminal Attempts Act 1981

Question 2

what is an attempt (with case)

Answer 2

trying to commit an offence but fail - R v White

Question 3

attempt definition

Answer 3

“goes beyond merely preparatory to the commission of the offence, guilty of attempting to commit the offence”

Question 4

AR

Answer 4

more than merely preparatory

Question 5

MR

Answer 5

intent to commit offence

Question 6

not beyond mere prep

Answer 6

r v gullefer - greyhound track
r v geddes - boys toilet

Question 7

beyond mere prep

Answer 7

A-G ref (no.1 of 1992) 1993 - drag to shed, trousers down
r v boyle and boyle - lock and hinge broken - attempt burglary
r v jones - buying and loading gun prep, getting in car with V + gun = attempt

Question 8

inability due to change of mind

Answer 8

r v campbell - rob post office, change mind, merely prep
MS - each case focus on pwn facts - take kids N.A, stopped on way - mere prep - CofA more than

Question 9

mens rea

Answer 9

r v easom - nothing worth stealing - attempt
A-G ref 1979 - conditional intent
page and rogers - MR ‘intent’ to commit full offence

Question 10

mr of attempted murder

Answer 10

intend to kill
r v whybrow - wired up wifes bath - attempt

Question 11

reckless + mr attempt

Answer 11

millard and venom - reckless not sufficient - pushing fence at football game
AG ref (no.3 of 1992) 1994 - recklessness as part of offence enough - petrol bomb - reckless to life but intent to damage car

Question 12

impossibility

Answer 12

s.1 (2) of the criminal attempts act 1981
“a person may be guilty of attempting to commit an offence even though facts are such that commission of offence impossible
r v shivpuri - attempting to be knowingly concerned in dealing with prohibited drugs - even though no drugs in suitcase