Attempts

• What is meant by an attempt?


  Person tries to commit an offence, but fails to attempt it
• Section one of the criminal attempts act 1981
• AR


  A person doesn’t act which is more than merely preparatory to the commission of the offence
• MR


  With intent to commit that offence
• Merely preparatory


  A-G’s Ref No1 of 1992:

  • D Tried to rape a girl but could not get an erection.
  • need not have performed the last act
• Merely preparatory


  R v Geddes

  • defendant found in school with knife, rope and tape
  • has D actually tried to commit the offence in question?
• How to determine if it’s preparatory or an attempt?

  1. What the accused moved from planning or preparation to execution or implementation?
  2. Accused done an act showing that he was actually trying to commit the full offence or had he only got as far as getting ready or equipping himself to do so
• r v Campbell burglary

  • outside post office with imitation gun and threatening note
  • Merely preparatory
• Attempt established


  R v Boyle and Boyle burglary

  • standing by door with broken lock
  • Had done part of a series of acts
• R v Tosti

  • D intended to burgle premises
  • Has done a past of a series of acts
• R v jones

  • gun safety latch was left on - murder
  • Sufficient evidence to leave the question of whether there was an attempt to the jury
• MR

  • usually need the MR for the full offence
  • A-G’s Ref number one and two of 1979
  • Conditional intent is enough for attempted theft (easom)
• R v Easom

  • defendant picked up women’s handbag and rummage through it, but didn’t remove anything
  • No evidence that defendant intended to steal the items
• MR of attempted murder

  Must prove that the defendant had intention to kill only
• R v Whyybrow

  • defendant wire wife’s bath and caused her an electric shock
  • An intention to kill is enough for attempted murder
• Recklessness


  MR of recklessness is not enough for an attempt
• Attempting the impossible


  Shivpuri

  overruled Anderton v Ryan

  HOL admitted previous previous previous decision was wrong and use practice statement to overrule it

  Therefore, can be guilty of attempting the impossible