Pages in this set

Page 1

Preview of page 1
Nadine Allen



Attempts
An attempted crime is a type of inchoate offence i.e. an incomplete offence
The law takes the view that people should be punished and shouldn't escape liability
just because they failed to commit the actual crime
Definition of an attempt
D tried to and intends to commit…

Page 2

Preview of page 2
Nadine Allen


Actus Reus of an attempted crime
The prosecution must prove D committed an act which was more than merely
preparatory
D decides to rob a bank. D buys a gun, steals a car and waits outside a bank. Not
MTMP
D walks into the bank with a gun…

Page 3

Preview of page 3
Nadine Allen


Decision
Not guilty ­ he had only prepared. For it to be MTMP, the D would have had to go
and ask for his money back. Courts said the test is = has D embarked on the crime
proper?
Boyle
D was found standing by a door with…

Page 4

Preview of page 4
Nadine Allen


Griffin
D went into a school with passports and plane tickets and she asked to collect her
children `as they had to go to the dentist'. She was planning on taking them abroad
against the father's wishes.
She was guilty of attempted child abduction. Going to the school…

Page 5

Preview of page 5
Nadine Allen




Millard and Vernon
Facts
Ds repeatedly pushed against a wooden fence at a football ground. Prosecution
tried to say that they were trying to break in and they were convicted of criminal
damage
Decision
COA quashed the convictions and said they believed that the defendants had only
been…

Page 6

Preview of page 6
Nadine Allen


Mohan
Facts
D was driving his car and responded to a policeman's signal to stop. D slowed down
and then accelerated towards the policeman. The policeman jumped out of the way
and D was charged with attempted ABH. The courts held that he was not guilty
because he…

Page 7

Preview of page 7
Nadine Allen


Attempting an impossible crime
Section 1 (2) CAA 1981
A person may be guilty of attempting to commit an offence to which this section
applies even though the facts are such as that the commission of the offence is
impossible
In other works, Parliament said that you can…

Page 8

Preview of page 8
Nadine Allen


Attempted manslaughter and attempted conspiracy do not exist as
offences, neither do attempted secondary offender offences (by helping
your already doing it)
You also cannot be guilty of an attempted omission, it has to be an act


Reform
In 2007 the Law Commission suggested an offence of Criminal…

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »