preliminary offences- attempts

• The attempt must be more than mere preparation or planning, but less than actual commission of the crime.
• Attempt


  Crime in itself, deliberate and intentional effort to commit a crime, but not completed.
• what is an attempt?


  when a person tries to commit a crime but for some reason fails to complete it
• case example


  r v white 1910, tried to poison mother with milk but she died from a heart attack instead of poison
• what did r v white 1910 establish

  but for test
• what statute does attempts come under 


  s1(1) criminal attempts act 1981- if with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence
• what must the jury decide?

  • was d preparing to commit the offence

  or

  • has d embarked on the crime proper?
• what must the defendant go beyond?

  preparing to do the offence and instead be in the commission of the offence (he must be in the process of committing the Actus Reus in order to complete the offence)
• case: it does not matter if D has not performed the last act ro reached the point of no return

  A-G's ref (no1 of 1992)(1993)- dragged girl to shed with intent of raping her, lowers his trousers and assaulted her but did not rape, charged with attempted rape
• case; d must have embarked on the crime proper 


  r v jones 1990- d wanted to kill v, bought a shotgun, v got into ds car, d said he wanted to kill v, v escaped, d charged sir attempted murder
• case; d must have embarked on the crime proper 


  gullefer 1978- d wanted stop dog race because he was going to lose wanted to get his bet back, ds acts were merely preparatory, not charged
• geddes 1996


  d found in school toilets, which he had no connection to with a knife, rope and masking tape in his bag, convicted of false imprisonment, appealed, following r v Campbell, had ar and mr, did not make contact w any pupils, therefore his actions did not surpass the proportion stage to implement and execute stage of that offence, not charged