Attempts
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- Created by: 10dhall
- Created on: 07-06-17 13:46
What is an attempt?
An inchoate crime - incomplete
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What is the act on attempts?
The Criminal Attempts Act 1981
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What were the aims for the new statute (Criminal Attempts Act) in the 1980 proposals
Attempting the impossible should be a crime, the role of the judge is important as they decide if there is enough basis for the jury, some act must be involved to avoid penalising guilty minds, mens rea needs to be intent to stop it being too wide
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What were the problems with the old law?
Theories, first stage: too soon, final stage: too late, unequivocal; too distant, proximity; vague.
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What is a case example demonstrating the problems with the old law?
R v Eagleton - a baker who agreed to sell bread, but the bread given was too light - guilty of attempting to obtain money. Final act theory was used hereW
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An old case concerning a lorry?
R v Komaroni - trailed a lorry for 180 miles to attempt to steal it, not guilty using the proximity test
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What is another case in the old law?
Robinson - jeweller who wanted to claim insurance so tied himself up. Final act theory was used so he was not guilty; hadn't filled out a insurance claim form yet
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What is a case concerning a government minister?
DPP v Stonehouse- faked his death so his wife could claim on his life insurance but was found and convicted on different basises
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What is section 1 of the Criminal Attempts Act 1981?
A person who does an act which is ore than merely preparatory
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What offence does it have to be?
An indictable crime
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Where are the exceptions to the rules on s1 laid out?
S2 of the Criminal Attempts Act 1981
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What are the exceptions to this rule?
D cannot be found guilty of attempting to: conspire, aid and abet, counsel/suborn/procure, assist an offender - although assisting suicide is a crime
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What are the rules about attempt crimes?
The punishment is the same for the full offence, mens rea is intention, attempting the impossible isa crime, D's cannot attempt an omission, can be convicted of attempted murder always
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What is the mens rea on the current law?
In attempted murder; must be intending to kill, gbh is not enough. Although if he attempts to kill and only manages GBH can still be guilty. Only intention will do in other crimes, and direct and oblique intent are included
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In what case was it decided that the mens rea for attention is intention?
Whybrow - murder case
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What is a case relating to intention?
Mohan - where intention was defined
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What case outlines the problems with two part crimes?
Khan - ***** by boys after a disco
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What is the rule on strict liability?
Cannot attempt to commit a strict liability offence because they require no mens rea
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What is a recent case on mens rea?
Ferriter - D confronted a barmaid and ended up on the floor in a struggle where he pulled at her trousers, guilty of attempted ****
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What is a case concerning conditional intent?
Easom, hussein - I will commit 'if'
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What did the Law commission state about conditional intention?
Should be included as an attempt
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What is the actus reus for an attempt?
The D must be almost ready to commit the full crime
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What is a case regarding the actus reus of an attempt?
Widdowson - wished to obtain a van but realised he would not be seen as credit worthy so he used another name
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What is another case on the actus reus?
Campbell - intended to rob with a firearm, but not guilty because he did not draw his weapon
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What is an important case relating to theft?
Gullefer - climbed onto the race horse to make it win for his bet
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What are cases regarding attempting the impossible?
Anderton v Ryan - stolen goods, R v Shivpuri - overruled by the HOL stating that Anderton v Ryan was wrong - would pay the D £1,000 if she brought drugs back to the UK from India
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Comments / issues on the current law?
Only covers indictable crimes, some confusion over the mens rea in ****/criminal damage, actus reus is vague and requires someone to be very close to committing, debate on attempts within manslaughter, is sentencing appropriate? police more power
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What are the recent proposals on attempts?
Conditional intent should be included, could be guilty if they were reckless, attempted murder by omission should be included
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Other cards in this set
Card 2
Front
What is the act on attempts?
Back
The Criminal Attempts Act 1981
Card 3
Front
What were the aims for the new statute (Criminal Attempts Act) in the 1980 proposals
Back
Card 4
Front
What were the problems with the old law?
Back
Card 5
Front
What is a case example demonstrating the problems with the old law?
Back
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