More than merely preparatory to the commission of the offence.
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Where is the test for attempts set out?
Criminal Attempts Act 1981
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Main case for more than merely preparing?
[Gullefer] - embark on the crime proper.
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[Gullefer]
D placed a bet on a dog race ad then tried to stop the race to get money back when it was clear that his dog would lose. It was held that D did not embark on the crime proper
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[Robinson] 1915 (before CAA 1981)
A jeweller insured his stock and then made it look like his shop had been burgled. His conviction for attempting to obtain money by false pretences was quashed as he had not cot an insurance claim form or sent it off.
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Test before CAA 1981?
D liable if he had done the very last act before the crime. Liability occurred very late creating dangerous situatiions. Difficult to decide when enough had been done. [Robinson] [Stonehouse] [Widdowson]
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[Stonehouse] 1978
D took out life insurance policies, hoping his wife would claim on them and then faked his own death to live with his mistress in Australia. He was convicted of attempting to obtain money by false pretences even though his wife made no claim.
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[Widdowson] 1986
W attempted to obtain services by deception when he applied for hire purchase to buy a van using false ID. His conviction was quashed as he was too far away from the full offence and had not crossed the Rubicon.
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What is the series of acts test?
The D did several things which together created liability. Difficult to decide what and how many acts are enough for liability.
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[Campbell] 1990
D was seen loitering outside a post office. When stopped by police D had sunglasses, imitation gun and a threatening note. However D was still preparing.
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[Geddes] 1996
D found hiding in school toilets with bag containing knife, rope and tape. Despite obvious intentions D had not actually tried to commit offence and there was still time to go back.
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[Boyle and Boyle]
D's found standing by door with a broken lock and hinge. The act was more than merely perparatory as D's had carried out sufficient acts to be an attempt.
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[Jones] 1990
D got into car wearing crash helmet and pointed shotgun at a man. Was held that getting into a car and pointing a gun was enough to constitute an attempt.
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[AG reference No 1 of 1992]
Man dragged girl into shed and attempts **** but could not get an errection. Man had not performed last act bt had done enough.
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[Tosti and White]1997
D's caught examining barn padlock with cutting equipment hidden in the hedge. By examining padlock the men were trying to commit the full offence.
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MR of attempts?
Normally intention is the key level of MR in an attempt. Recklessness is generally insufficient but there is an exception.
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[Whybrow]
D wired up soap dish in bath intending to electrocute her. CA held that there needed to be intention to kill ONLY for attempted murder.
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[Husseyn]
D loitered near a van containing sub-aqua equipment but ran off without taking anything. D not convicted as no intention to steal particular items.
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AG Ref No 3 of 1992
Man threw petrol bomb at car containing 4 men but missed. Needed intention to damage property but recklessness as to whether life was endangered was sufficient.
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What was the law regarding impossibility before CAA 1981?
If the crime was physically or legally impossible to commit there was no offence.
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What is factual impossibility?
A person my be guilty go attempting to commit an offence even though the facts are such that the commission of the offence is impossible.
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What is legal impossibility?
If the facts of the case had been as the D had believed, his intention is to be regarded as having the intention for that offence.
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[Anderton v Ryan] 1985
D bought a video recorder thinking it was stolen but it was not. Video player was not stolen to D's acts were regarded as 'innocent' as the video recorder was not stolen, so it was legally impossible.
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[Shivpuri] 1986
Overturned Anderton and Ryan. D intended to receive a suitcase which was believed to contain drugs but actually contained harmless vegetable matter. D intended to deal drugs ad impossibility should be no barrier.
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[Jones] 2007
D tried to solicit young girls for sex and met a girl who he believed to be 12 but was actually an undercover policewoman. D agreed that the girl was not real so offence was impossible but was convicted.
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