Attempts

Question 1

What is an attempt defined as and where

Answer 1

In Criminal Attempts Act 1981, s.1(1)
“If, with intent to commit the offence… a person does an act which is MTMP to the commission of the offence, he/she is guilty of attempting the offence.”

Question 2

What is AR?

Answer 2

AR= an act which is MTMP to the commission of the offence

Question 3

What case shows a MP act in relation to the AR

Answer 3

Gullefer (1987)
D jumped onto race track to have race declared void to reclaim bet
Hadn’t attempted to steal, MP, hadn’t ’embarked on the crime proper’

Question 4

What case does show a MRMP act

Answer 4

Boyle and Boyle (1987)
D damaged door to premises they were trying to enter
Had attempted to burgle, MTMP as ‘on the job’.
If had managed entry, would be guilty for full offence as of s.9(1) theft act 1968

Question 5

MP other case

Answer 5

Campbell (1990)
D in street outside post office wearing dark glasses with imitation weapon and threatening note in pocket.
Not attempted robbery

Question 6

MTMP other case

Answer 6

A-G’s Reference (No.1 of 1992) (1993)
D dragged women to shed, lowered pants, interfered with her private parts, remained flaccid
Guilty of attempted rape

Question 7

Is putting yourself in position to commit full offence MTMP?

Answer 7

Not as of Geddes (1996)
D found in Boys toilet at school with knife, rope and masking tape.
Not attempted false imprisonment, had not gone onto executing plan, only put himself in position to commit full offence

Question 8

Is examining padlock MTMP?

Answer 8

Yes, as of Tosti (1997)
D approached door and examined padlock of barn he planned to burgle, D attempted to burgle

Question 9

What is MR?

Answer 9

MR= with intent to commit the offence

Question 10

What is meant by intwnt

Answer 10

Same as Mohan and Woollin

Question 11

Is intent to cause GBH sufficient for attempted murder?

Answer 11

No, as of Whybrow (1951)

Question 12

Is recklessness enough?

Answer 12

No, e.g. Millard and Vernon (1997)
D repeatedly pushed against wooden fence at football ground
D needed to intent to damage fence, not be reckless to, not attempted criminal damage

Question 13

Is conditional intent sufficient?

Answer 13

Yes, e.g. A-G’s Reference (Nos 1. and 2 of 1979)
Worded so D is not charged with intent to steal a specific item, rather to steal some or all of contents in bag
So in Easom (1971) D could be charged of attempted theft of all or some of contents of police officers handbag

Question 14

Is attempting the impossible sufficient?

Answer 14

As of s.1(2) CAA1981, a person can be guilty of an attempted crime even though on the facts the commission of the attempt was impossible

Question 15

What case overruled Anderson v Ryan (1985)

Answer 15

Shivpuri (1986) overruled the AvR case that said D could not be convicted of stealing a video recorded he thought was stolen, as it was not actually stolen.
It instead decided D can attempt a legally impossible crime, when D recidevd a suitcase of vegetable matter he believed was drugs

Question 16

Is factual impossibility sufficient

Answer 16

No, as of Taaffe (1984) D imported foreign currency, which he thought was a crime, it was not, so he couldn’t be liable