Cases & development of the law (chronologically) of the law on attempts.

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  • Created on: 15-06-11 11:45
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Criminal Attempts Act 1981(so stat. off.)
S1 - `If, w/intent to commit an off. a person does an act which is more than merely preparatory to the
commission of the offence, he is guilty of att. to comm. the off.'
Incorp. a lot of Law Commission Report No. 102 1980; `Att. & Impossibility in Relation to Att.
Conspiracy & Incitement'
S4(1) - It is punishable in general to the same extent as the full off.
`Doing an act which is more that merely prep. to the commission of the off.' - Stat. & so the words
must be given their ordinary everyday meaning
R v Campbell 1991
Pre-CAA att. were common law & in this case, the judge dir. the jury to follow the act
Must be an act, cannot merely be the MR; cannot be an omission
`more than merely prep.' is a matter for the jury - S4(3) CAA `81
R v Gullefer 1990
Lord Lane; D must have `embarked upon the actual commission of the offence
R v Geddes 1996
Lord Bingham; `It is, we think, an accurate paraphrase of the stat. test ... to ask whether ... a D has
done an act which shows that he has actually tried to commit the off. in question, or whether he has
only got ready or put himself in a position or equipped himself to do so'
3 tests used prior to the Act that allowed the jury to dec. if the act was `more than merely prep;
Proximity Test;
Eagleton 1855
`acts remotely leading to the commission of the off. are not top be considered at attempts to comm.
it but acts that are immediately connected w/it are. In this case, no other act on the part of the D
would have been required. It was the last act ... and therefore it ought to be considered as an att.'
Robinson 1915
D, a jeweller, insured his stock ag. theft, concealed it around the shop, tied himself up & called for
help, plan foiled & still not conviction. of att.
The jury dec. as he has not comm. the act of actually claiming the insurance in sending the written
letter to the insurance company - acts not imm. connected to the commission of the off.

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The support for this test by the Law Commission is surprising, it is looking backwards from the off.
reaching my vagina.…read more


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