Attempts

Question 1

What is an attempt?

Answer 1

An ‘inchoate’ offence. An incomplete offence

Conduct aimed at committing an offence may be just as blameworthy if it fails to achieve its purpose

Question 2

Proximity test👀

Answer 2

Eaglton (1855) ‘acts immediately connected’ with the commission of the offence are to be considered an attempt

Question 3

Where was the principle of Eaglton applied?

Answer 3

Robinson: a jeweller faked a robbery in order to carry out insurance fraud.
Conviction for attempted fraud was quashed as he was discovered before he had approached the insurers or filled in a claim form.
His acts were not ‘immediately connected’ with or sufficiently proximate to the substantive offence

Question 4

Rubicon test?😜

Answer 4

Going past the point of no return, whether the defendant has done the last act possible before committing the complete offence.

Question 5

DPP V STONEHOUSE

Answer 5

Lord Diplock “crossed the rubicon and burnt his boats’

Question 6

Where was it stated that the rubicon test should no longer be used?

Answer 6

AG Ref. (No 1 of 1992)

Question 7

What did using two different tests do?

Answer 7

Cause inconsistencies and uncertainties. These old tests are no longer precedents due to the CRIMINAL ATTEMPTS ACT 1981 which replaced the common law of attempt

Question 8

Mens Rea of an attempt?

Answer 8

Intent to commit the full offence s.1 of the criminal attempts act 1981

Question 9

Actus Reus?

Answer 9

An act which is more than merely preparatory to the full commission of the full offence.

Question 10

When does the attempt begin?

Answer 10

‘When the defendant embarks on the crime proper’ GULLEFER

View of Lord Lane applying the literal rule

Question 11

GULLEFER test:

Answer 11

Mere preparation (e.g. Buying a gun🔫)
Taking an aim at V (‘embarks on the crime proper)
‘Last act’ (pulling the trigger)

Question 12

Another test GEDDES

Answer 12

D was lurking in the boys toilet in school. He ran off leaving a bag with rope, sealing tape and a knife

Quashed on appeal as he didn’t commit the last act which would’ve been to actually lunge at a child

Question 13

Case of CAMPBELL

Answer 13

D had an imitation gun and glasses and a threatening note in his pocket and was stood out the post office.

Conviction was quashed for attempted robbery

Question 14

Mens Rea for attempted murder and case

Answer 14

For attempted murder it is necessary to prove a higher level of mens rea, the intention to kill (intention to cause GBH is not enough) : case; WHYBROW

Question 15

Case of WHYBROW facts?

Answer 15

D was convicted of the attempted murder of his wife. He had wired up a soap dish to the mains electricity supply with the result that she would get an electric shock while in the bath.

C/A states that to be liable for attempted murder D must intent to kill.

Question 16

Conditional intent?

Answer 16

Many thieves are opportunists who do not have something specific in mind to steal. (Stealing something from a handbag provided they find something worth stealing)

Arises where a person intends to do something if a certain condition is satisfied.

Question 17

Attempted rape and attempted aggravates arson (AO2)

Answer 17

The men’s rea is the same as for the full offences. This makes it more straightforward and certain for juries who would otherwise face different directions from the judge as to the men’s rea or an attempt. However by allowing recklessness to play a role in attempts the courts seems to be contradicting the wording the 1981 act.

Question 18

What was confirmed in MILLARD & VERNON?

Answer 18

The criminal attempts act specifies that intention is needed to commit the offence of attempt even if the full offence can be committed recklessly confirmed in the above case.

Question 19

Criminal attempts act 1981 expressly excludes?

Answer 19

The fact that it is not an offence to attempt to conspire
There is no liability for attempting to be a secondary party to a crime
An attempt cannot take place by omission the word ‘act’ s.1 of the Criminal Attempts Act implies that a positive act is required by D

Question 20

Special and partial defences are not available for?

Answer 20

Loss of control and diminished responsibility as the defences reduce murder to manslaughter for which there is maximum life sentence which is the same sentence for attempted murder

Question 21

Attempting the impossible?

Answer 21

Cannot be convicted of committing the impossible.

Full offence may be legally impossible: e.g. d smuggles aspirin into the UK in the mistaken belief that aspirin importation and possession are criminal offences when they’re not)
Case of TAAFFE where D thought he was importing currency which was prohibited but wasn’t

Question 22

S.(2) of the criminal attempts act 1981 states?

Answer 22

A person may be guilty of attempting to commit and offence… Even thought the facts are such that the commission of the offence is impossible

Question 23

ANDERTON V RYAN

Answer 23

D bought what she thought was a stolen video recorder, confessed to police, charged with attempted handling of stolen goods but when evidence was examined there was no proof it was stolen

Question 24

SHIVPURI - confessed at customs that he had heroin yet it was ground vegetables

Answer 24

Said the decision in ANDERTON was wrong and was overruled less than a year later by H/L using the practise statement

H/L held if D intends to commit an offence and has done an act that was mere preparation he is guilty of attempt even if the full offence would be factually impossible for any reason