Attempts

• what section and act does attempts come under?

  S1 (1) Criminal attempts Act
• examples of attempted(more than preparatory) cases?

  R v white (1910), more than preparatory - Attorney Generals References Act (1993)- D attempted to rape girl. he dragged her to shed. lowered his trousers but remained flaccid. Held-he tried to fully commit the crime. he had done more than prepare. -Gullerfer (1987) aswell.
• attempts: cases where there was only preparation?


  -Geddes (1996)- D arrested in a boys changing room with rope, tape & knife. all needed to kidnap someone. he didnt contact a student to commit the crime. Acquitted of the crime. the courts considered: had D moved from planning to implementation? had he performed the act showing his attempt rather than just putting himself ready? Campbell (1996)- D had fake gun and threating note infront of post office. Attempted robbery quashed as he was still in a preparatory stage.
• cases where an attempt was made?

  Boyle and Boyle (1987)-D's caught beside door with broken hinges. Charged with attempted burgulary. Jones (1990)-D brought shotgun & ambushed V in his car. V threw gun out the window. D guilty of attempted murder as getting a visor and jumping in car were suffcient preparatory acts
• cases where attempts were made (more)?
• Cases where an attempt was made

  Boyle and Boyle 1987

  The defendants were caught beside a door which broken hinges. They were guilty of attempted burglary as the next stage would be to enter and that would constitute the offence itself.
• Jones 1990

  D and partner were is difficult relationship, the partner wanted to end it as she was seeing another man V. D brought a shotgun and ambushed V in his car, V managed to grab the gun and throw it out the window. D was guilty of attempted murder as it was argued that shortening the barrel, getting a visor and jumping in the car were sufficient preparatory acts even if it was, as d argued, the safety was on.
• Easom 1971

  D looked through a woman's bag at the cinema then put it back on the floor having not taken anything. A part of the intent of theft is 'intent to permanently deprive', it could not be proved he had this so there could be no offence either real or attempted as the mens rea was the same.
• Husseyn 1977

  D and his friend were loitering near a van with expensive equipment, when the police came they ran off. They were found not guilty on appeal as the sufficient mens rea could not be found.
• Attorney Generals Reference no 3 2994

  D threw a firebomb at a car and passengers but hit a wall. He was accused of attempted arson (property damage with possible recklessness as to endanger life) because there was an intentional element as well as reckless it was allowed, but in a previous case Millard and Vernon 1987 reckless mens rea alone is not enough for crimes of attempt.
• • Anderton v Ryan 1985

  D thought her video camera was stolen when she bought it. Police were investigating a burglary at her home and she admitted this. However it turn out the camera hadn't been stolen. Criminal Attempts Act S1(2)n'A person may be guilty of attempting to commit an offence... even though the facts are such that the offence is impossible"

  However the courts decided her acts were innocent and could not constitute the attempt of a crime. Overuled by shivpuri 1986
• Shivpuri 1986D agreed to take a suitcase he thought was full of illegal drugs. However the contents were vegetable matter and snuff, all legal. The judges looked at SS1(3) of the act

  In any case where

  1. apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit and offence; but
  2. if the facts of the case had been as he believed them to be his intent would be so regarded... and having an intent to commit that offence.
• Some of the aspects of the law are considered to be ridiculous in that they lead to unsafe outcomes
• Both Geddes and Campbell appear to ignore the clear criminal intent shown by the defendants
• No consideration of omission, in theory a person can be killed by omission e.g. ignoring your role in looking after a child, the child could then be saved' and no crime of attempted murder exists (though there would be neglect)
• The role of mens rea here can be confusing, particularly the application of recklessness, it is rare and unusual for someone to recklessly attempt a crime
• More information on how much recklessness or whether it must be balanced by intent
• Conditional intent, some crimes are crimes of opportunity. If the opportunity does not arise such as in Hussayn, the van was not left abandoned
• It can be argued that just because there is no opportunity there is no danger or crime