Attempts

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Definition of attempts
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 comission of the offence, he is guilty of attempting to commit the offence
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S1(4) of the Criminal Attempts Act
abolishes any liability for: attempting to aid, abet, counsel or procure the commission of any offence, attempted conspiracy and attempting to assist the offender
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Actus Reus
more than merely preparatory
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R v Gullefer
– jump on racetrack – “mtmp” and D embarks on the crime proper
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AG Ref (no 1 of 1992)
failed **** – D can be guilty when he has reached a point of no return
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R v Geddes
found in toilets – 2 questions – had the accused moved from planning and preparation to execution and implementation – had the accused performed an act showing that he was trying to commit the full offence
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Boyle and Boyle
standing next to broken door – trying to gain entry is an attempt
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R v Tosti
intended to burgle a property – committed an act more than merely preparatory
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R v Jones
gun incident in car – actions MTMP once gun was pointed
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R v Toothill
man in garden – MTMP when knocked on door
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Mens Rea
“with intent to commit an offence”
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Easom
rummaged through bag without taking anything – no evidence of permanent deprivation
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Husseyn
loitering around van – running away doesn’t show intention to attempt to steal
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AG Ref (no 3 of 1992)
petrol bomb – intention needed to damage property but only reckless to endanger life
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Whybrow
wire up bath – intention to kill only sufficient for MR of attempted murder
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Millard and Vernon
pushing against football fence – recklessness is not sufficient for MR of attempts
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Impossibility
s1 of the CAA and stating – “a person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible”
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Anderton v Ryan
bought video recorder – her acts were in fact innocent as the recorder had not been stolen
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R v Shivpuri
agreed to transport drugs but were not drugs – person may be liable for an attempt even when it seems impossible
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Other cards in this set

Card 2

Front

S1(4) of the Criminal Attempts Act

Back

abolishes any liability for: attempting to aid, abet, counsel or procure the commission of any offence, attempted conspiracy and attempting to assist the offender

Card 3

Front

Actus Reus

Back

Preview of the front of card 3

Card 4

Front

R v Gullefer

Back

Preview of the front of card 4

Card 5

Front

AG Ref (no 1 of 1992)

Back

Preview of the front of card 5
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