Attempts

What is an 'attempt'?

Where someone tries to commit an offence, but fails to complete it.

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Give a case for and example of attempted murder.

White (1910) - Cyanide mother.

2 of 16

Give the act and definition for 'attempt'.

Criminal Attempts Act 1981 - 'if a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting the offence'.

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What is the actus reus for an attempt?

The D does an act which is merely preparatory to the commission of the offence.

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What is the mens rea for an attempt? Give the case.

The D intended to commit the offence, the same as for the full offence - Easom (1971) - Rummaging through woman's bag in cinmena, conviction quashed.

5 of 16

Give the case that says that D need not have performed the last act before the crime proper.

Attorney-General's Reference (No 1 of 1992)(1993) - Drsgged girl up to shed, and interfered with her private parts. Guilty.

6 of 16

Give the meaning of 'merely preparatory' and the case.

Gullefer (1987) - Held that 'more than merely preparatory' mean that the D must have gone beyond purely preparatory acts and be 'embarked on the crime proper'. (Race track case).

7 of 16

Give the cases showing mere preperation.

Geddes (1996) - D found in boys toillets of school with rope, knife and duct tape. Campbell (1990) - D had imitation gun, sunglasses and threatening note in his pocket and was found in the street outside post office.

8 of 16

Give the cases where there was an attempt.

Boyle and Boyle (1987) - Ds found standing by door with lock and one hinge broken. Tosti (1997) - Had examined lock, and had brough cutting equipment with him. Jones (1990) - Bought shotgun, shortened it, got into V's car. V grabbed gun.

9 of 16

What are the cases for the mens rea of attempts?

Easom (1971) - Rummaging through woman's bag in cinmena, conviction quashed. Husseyn (1977) - Ds loitering near back of van, and ran off when approached by police, conviction quashed.

10 of 16

What is required for the mens rea of attempted murder?

The intent to kill must be proved, the D cannot just have the intent to cause GBH, unlike for the offence of murder.

11 of 16

Is recklessness sufficient for the mens rea of attempts? State the case.

No. Millard and Vernon (1987) - Ds repeatedly pushed against fence at football ground. Conviction quashed.

12 of 16

What is is the exception to this rule? Give the case.

Attorney-General's Reference (No 3 of 1992)(1994).

13 of 16

What is the rule on attempting the impossible?

someone can be guilty even if the offence they were trying to commit was not possible.

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What was the old case for attmepting the impossible?

Anderton v Ryan (1985) - D bought video camera cheaply and thought it was stolen, it wasn't. Not guilty.

15 of 16

Give the case that later overruled the last case.

Shivpuri (1986) D agreed to accept suit case full of drugs, but when it arrived it only contained vegetable matter and snuff. Guilty.

16 of 16

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Attempts

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