Attempts

  • Created by: 10dhall
  • Created on: 03-06-17 21:47
What is an attempt?
A conduct crime and an inchoate crime; incomplete crime, such as a conspiracy
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What was the previous law on attempts prior to the Criminal Attempts Act 1981?
Was governed by the common law, and a number of cases were contradictory and revealed that courts were applying different theories about what amounted to an attempt
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What was the first stage theory?
Was criticised as too many people would be caught and would catch people too early within the chain of events
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What was the final stage theory?
This was criticised because it attached criminal liability too late in the chain of events
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What is the proximity test?
This was the most commonly used in England and Wales, but has been criticised for being vague although had the benefit of being flexible and simple to apply
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What is a case example on the final act theory?
Robinson - D was a jeweller who had insured his stock, decided to claim against his insurance so tied himself up - not guilty as he had not reached the final act of filling a insurance form. Final act theory
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What is a case example on the proximity test?
Komaroni - D's trailed a lorry attempting to steal it and helped the driver when it broke down, not guilty by the proximity test because their actions were too long in preparation
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What were the Law Commission proposals in 1981?
The crime of attempt should be retained, must be some act involved in an attempt otherwise interference with guilty minds, mens rea is particularly important, role of judge is important must decide if there is enough basis for jury to decide on
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What does s1 of the Criminal Attempts Act 1981 state?
If a person does an act which is more than merely preparatory to the commission of the offence he is guilty of attempting to commit the offence
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What are facts/exceptions to attempts?
D's cannot attempt to commit an omission, punishment is the same as for the full offence, mens rea is intention, attempting the impossible is a crime
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Attempts in murder?
The D must have intended to murder - GBH is not enough, although if the D intended murder but only achieved GBH can still be guilty of an attempted murder
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What is the general rule about intention/mens rea?
If the mens rea involves recklessness/intention it will usually need intention because it is not possible to carry out an attempt recklessly. Direct and oblique intent are included
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What case defines intent?
Mohan - attempted attack on a policeman
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What is a problem with the mens rea?
It can be difficult in two part crimes (intention + recklessness) because of situations such as ****, shown in the case of Khan
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What is a case example on the actus reus of an attempt?
Jones - attempted murder of his ex gf's new bf, bought a gun, disguised himself and jumped into the boyfriends car and pointed it at him saying 'you're not going to like this' but managed to get away. Guilty
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What is another case on the actus reus?
Widdowson - wished to obtain a van on hire purchase but realised he would not be credit worthy, used another name - not guilty
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What is a case example on attempting the impossible?
R v Shivpuri -
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Card 2

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What was the previous law on attempts prior to the Criminal Attempts Act 1981?

Back

Was governed by the common law, and a number of cases were contradictory and revealed that courts were applying different theories about what amounted to an attempt

Card 3

Front

What was the first stage theory?

Back

Preview of the front of card 3

Card 4

Front

What was the final stage theory?

Back

Preview of the front of card 4

Card 5

Front

What is the proximity test?

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Preview of the front of card 5
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