OCR Criminal Law A2 : Attempts revision notes.

?

Criminal Attempts

Definition

·         Defined under S1(1) of the Criminal Attempts Act 1981 as

·         “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 commission of the offence, he is guilty of attempting to commit the offence.”

·         Actus reus- A person does an act with is more than merely preparatory to the commission of the offence

·         Mens rea- with intent to commit the offence

·         White (1910)where D tries to poison his mother to kill her is an example of where an attempted murder has been committed.

Actus Reus of an Attempt

·         In the past two tests were given the “Last act” test and the “Proximity” test.

·         Last act- has D done the last act he could do before committing the main crime?

·         Proximity test- were the defendant’s acts so “immediately connected” to the actus reus of the offence as to justify liability for an attempt?

 

·         After the passing of the Criminal Attempts Act 1981 the defendant has to have moved to being “more than merely preparatory” to the crime proper.

 

·         Attorney Generals Reference (No1 of 1992)- D dragged a girl into a shed lowered his trousers and fiddled with her privates, his penis remained flaccid. Implication: D dragging girl is only merely preparatory. Lowering his trousers is only merely preparatory. Moving to interfere with her privates is more than merely preparatory for ****.

 

·         Gullefer (1987)- held that more than merely preparatory means D must have gone beyond purley preparatory acts and has “embarked on the crime proper.”

 

Cases showing mere preparation

·         Gullefer (1987)- D jumps onto a race track to make a race void so he could claim money back he had on a bet. Implication: Jumping onto a race track was only merely preparatory to theft, D would have needed to ask for his money back for an attempt to be committed.

·         Geddes (1996)- D caught hiding in a school toilet with restraining equipment and a weapon. Implication: Courts gave two pieces of criteria:

·         1. Has D moved from planning or preparation to execution or implementation?

·         2. Had the accused done an act showing the he was actually trying to commit the full offence or has he only got so far as getting ready?

·         Campbell (1997)- D was stopped outside a post office with a fake gun, a threatening note and sunglasses to mask his face. Implication: D would have had to have entered the post office for an attempt to have occurred, his actions were still only mere preparation.

·         Criticism-  If the law on attempts is to be effective in protecting the public from the main offence then surely Geddes and Campbell should have been guilty? Is it

Comments

No comments have yet been made