Attempts Rules and Cases

Description

A resource to help learn attempts.
Stuart Halford
Flashcards by Stuart Halford, updated more than 1 year ago
Stuart Halford
Created by Stuart Halford about 6 years ago
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Resource summary

Question Answer
R v White (1910) D put cyanide in mothers drink intending to kill her. She died of heart attack before. Convicted of attempted murder.
Attempt now defined in law in s1 (1) of Criminal Attempts Act If with INTENT to commit an offence to which this section applies, a person does an act that is more than MERELY PREPARATORY to the commission of the offence, he is guilty of attempting
Types of offence to which attempt applies Indictable or triable either way
The actus reus is an act that is more than merely preparatory
The MR is the the intention to commit the offence
What is the case of A-G Ref (No 1 of 1992) D does not have to have reached the point of no return or last act D drags girl into shed lowers trousers and interferes with her but remains flaccid.
R v Gullefer (1987) Must be embarked on the crime proper Jumps on race track to void race in order to reclaim betting stake.
R v Geddes (1996) Found in boys toilet. Possession of kitchen knife, rope, masking tape. No right to be in school - not contacted any pupils. Conviction for false imprisonment was quashed.
R v Campbell (1990) Imitation gun, sunglasses and threatening note - was in street outside post office.
R v Boyle and Boyle (1987) D's standing by a door where lock and hinge were broken. Conviction for burglary upheld.
R v Tosti (1997) Intended to burgle. Took metal cutting equipment hid behind hedge. Examined padlock on door but did not damage.
If D cannot be proven to have the MR for the case the CoA decided R v Easom (1977) Conditional Intent
Impossibility Intention to commit even though not actually possible. R v Shivpuri (1986) drug running over-ruled previous decision in Anderton v Ryan (1985)
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