Attempted offences

• s.1 Criminal Attempts Act


  where a person tries to commit an offence but for some reason fails to complete it
• Actus reus of attempted offences

  A person does an act which is more than merely preparatory to the commission of an offence
• Mens rea of attempted offences

  With intent to commit that offence
• A-G's references (No 1 of 1992) 1993

  - sexually assaulted girl in shed

  - pnis remained flaccid so claimed he couldn't attempt rpe

  - conviction for r*pe upheld
• R v Guellefer 1987


  - COA clarified an attempt begins when 'merely preparatory acts end & D embarks on the crime proper.'

  - attempted to steal conviction quashed
• R v Geddes 1996


  - found in boy's toilet with large kn*fe, rope and masking tape

  - didn't speak/contact any pupils

  - conviction for attempted false imprisonment quashed
• R v Campbell 1990


  - loitering outside post office and returned later

  - arrested a metre away on the street and admitted he was going to rob

  - conviction for attempted robbery quashed as merely preparatory
• R v Boyle and Boyle 1987


  - lock and hinge of door broken

  - conviction for attempted burglary upheld

  - trying to gain entry is 'embarking on a crime proper
• R v Tosti 1987


  - hid metal cutting equipment in nearby hedge

  - examined padlock but didn't damage it

  - conviction for attempted burglary
• R v Jones 1990


  - D brought gun and got into Vs car wearing crash helmet

  - pointed gun at him

  - V grabbed gun and threw it out the window

  - conviction for attempted murder upheld
• R v Easom 1971


  - rifled through lady's bag at cinema and put it back

  - no evidence he had intention to permanently deprive so couldn't be guilty of attempted theft
• A-G's Reference (No. 1 and 2 of 1979) 1979


  - CoA decided if D had conditional intent (intended to steal but found nothing of worth), could be charged with attempt to steal
• Mens rea of attempted murder

  - intention to kill

  - cannot prive intention to cause GBH
• R v Whybrow 1951


  - electrocuted wife in bath

  - only intention to kill would be sufficient enough

  - only intended GBH so couldn't be found guilty of attempted murder
• R v Millard and Vernon 1987


  Recklessness is not sufficient MR for an attempt

  -Ds repeatedly pushed against wooden fence on stand in football ground

  -prosecution argued were trying to break it & convicted of attempted criminal damage

  -conviction quashed by COA

  -exceptions: recklessness can be satisfactory for 1 part of the offence
• A-G's Reference (No.3 of 1992) 1994


  - threw petrol bomb at car containing 4 men and missed

  - charged with attempting to commit arson with intent to endanger life

  - convicted as had to prove he intended to damage property and only necessary to prove he was reckless as to whether life would be endangered
• Attempting the impossible


  Criminal Attempts Act 1981 s.1(2):

  - 'a person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.
• R v Shivpuri 1986


  - agreed to take illegal drugs but suitcase contained vegetable matter that was not illegal

  - convicted of attempting to be knowingly concerned in dealing with prohibited drugs

  - know as factual impossibility as D is attempting to commit a crime but the circumstances make it impossible to commit
• R v Taafe 1983


  - enlisted to import cannabis but thought they were importing currency

  - thought this was illegal but importing currency is not

  - conviction quashed as he had no MR for attempting to smuggle cannabis
• Legal impossibility


  D's attempt to commit a crime is impossible because what they are attempting is not an offence known to law