Attempts

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What is an 'attempt'?
Where someone tries to commit an offence, but fails to complete it.
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Give a case for and example of attempted murder.
White (1910) - Cyanide mother.
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Give the act and definition for 'attempt'.
Criminal Attempts Act 1981 - 'if a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting the offence'.
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What is the actus reus for an attempt?
The D does an act which is merely preparatory to the commission of the offence.
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What is the mens rea for an attempt? Give the case.
The D intended to commit the offence, the same as for the full offence - Easom (1971) - Rummaging through woman's bag in cinmena, conviction quashed.
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Give the case that says that D need not have performed the last act before the crime proper.
Attorney-General's Reference (No 1 of 1992)(1993) - Drsgged girl up to shed, and interfered with her private parts. Guilty.
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Give the meaning of 'merely preparatory' and the case.
Gullefer (1987) - Held that 'more than merely preparatory' mean that the D must have gone beyond purely preparatory acts and be 'embarked on the crime proper'. (Race track case).
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Give the cases showing mere preperation.
Geddes (1996) - D found in boys toillets of school with rope, knife and duct tape. Campbell (1990) - D had imitation gun, sunglasses and threatening note in his pocket and was found in the street outside post office.
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Give the cases where there was an attempt.
Boyle and Boyle (1987) - Ds found standing by door with lock and one hinge broken. Tosti (1997) - Had examined lock, and had brough cutting equipment with him. Jones (1990) - Bought shotgun, shortened it, got into V's car. V grabbed gun.
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What are the cases for the mens rea of attempts?
Easom (1971) - Rummaging through woman's bag in cinmena, conviction quashed. Husseyn (1977) - Ds loitering near back of van, and ran off when approached by police, conviction quashed.
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What is required for the mens rea of attempted murder?
The intent to kill must be proved, the D cannot just have the intent to cause GBH, unlike for the offence of murder.
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Is recklessness sufficient for the mens rea of attempts? State the case.
No. Millard and Vernon (1987) - Ds repeatedly pushed against fence at football ground. Conviction quashed.
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What is is the exception to this rule? Give the case.
Attorney-General's Reference (No 3 of 1992)(1994).
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What is the rule on attempting the impossible?
someone can be guilty even if the offence they were trying to commit was not possible.
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What was the old case for attmepting the impossible?
Anderton v Ryan (1985) - D bought video camera cheaply and thought it was stolen, it wasn't. Not guilty.
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Give the case that later overruled the last case.
Shivpuri (1986) D agreed to accept suit case full of drugs, but when it arrived it only contained vegetable matter and snuff. Guilty.
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Card 2

Front

Give a case for and example of attempted murder.

Back

White (1910) - Cyanide mother.

Card 3

Front

Give the act and definition for 'attempt'.

Back

Preview of the front of card 3

Card 4

Front

What is the actus reus for an attempt?

Back

Preview of the front of card 4

Card 5

Front

What is the mens rea for an attempt? Give the case.

Back

Preview of the front of card 5
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