The main attempts cases

My notes on the main 8 cases in the sources for the attempts special study exam 2012

HideShow resource information
Preview of The main attempts cases

First 313 words of the document:

Attempts ­ The cases
Main cases (in the sources)
D had an imitation gun, sunglasses and a threatening
note in his pocket outside of a post office. Because he
hadn't actually done anything illegal he could NOT BE
CONVICTED even though it was clear what his intention
`The accused is not guilty until he has gone through the
psychological barrier on the way towards committing the
offence. It is not enough that the accused merely thought
about committing the offence. The line at present is
between preparatory activities and others.'
D jumped on a race track in order to get the race
claimed void so that he could get his betting money
back. He was NOT CONVICTED of attempt to steal
because the act of jumping onto the track was merely
preparatory because he had not collected the money.
There was no evidence to go to the jury because mens
rea could not be proved. If he had put the bet in or even
queued to do so he could have been convicted because
this is embarking on the act and therefore no longer
merely preparatory.
GEDDES (1996)
D was found in a boys toilet block at a school with a
knife, a rope and some masking tape. Because he
had not gone near any students and ran when the
police approached him he could NOT BE
CONVICTED even though it was clear what he
intended to do.
There was no proof of the mens rea to give to the jury
so there could not be a conviction. If he had gone
near any of the boys in the school this would have
been different.

Other pages in this set

Page 2

Preview of page 2

Here's a taster:

Jones (1990)
D bought a shotgun, loaded it, found V, got into
his car and pointed the gun at him. V grabbed
the gun and managed to throw it out of the car
window. D was CONVICTED because if V had
not thrown the gun, he would have been shot by
In this case the last act test was used and this
was said to be the point where he got into the
car and pointed the gun, with the intention to
kill.…read more

Page 3

Preview of page 3

Here's a taster:

D was on `bad terms' with his wife so hooked
up the bath so that it would administer a huge
shock to her while she was in the bath. He did
not realize however that the bath was
porcelain and so did not conduct electricity.
When she touched the metal soap dish she
did however receive a small shock. D was not
convicted of attempted murder because he
did not intend to kill, he only intended to
seriously injure.…read more


No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »