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9 Cards in this Set

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  • Back
Guellefer 1990
D tried to stop the race because the dog that he put the bet on was going to lose. Intended to recover money.Convicted of att. theft/but held on appeal: as he had not tried to claim the money back, he had only done the acts preparatory to the commission of the full offence.
Geddes 1996
D was found in a boy's toilet of a school, with lengths of string, sealing tape and a knife. He was charged and convicted of attempted imprisonment, but appealed. Although no doubt about the D's intention, held: the evidence showed no more that he had made preparations, got himself ready and positioned himself ready to commit the offence. No contact with any potential victim, nor could it be said that he had moved from the role of preparation and planning into the area of execution or implementation.
Tosti and White 1997
Ds got oxyacetylene equipment, driven to the scene of a planned burglary, concealed the equipment in a hedge, approached the door of a barn and examined the padlock on it. They then realised that they were being watched and ran off. Convicted of attempted burglary and appeal was dismissed.
Shivpuri 1987
the D was found in possession of a suitcase containing bags of white substance. He confessed to receiving and distributing what he assumed to be an illegally imported drug. The substance turned out not to be a prohibited drug but he was guilty of an attempt to commit the relevant offences of dealing with and harbouring A and B class drugs. He was mistaken about the facts – held: must be judged on the facts he believed them to be.
Whybrow 1951
the appealnt ws convicted of attempted murder of hit wife. The case for the prosecution was that he had administered an electric shock to her while she was in a bath, by means of apparatus connecting a soap dish with the mains power supply. The appellant's explanation of the apparatus was that it was to provide an earth for the wireless set in his bedroom and that, if she did get an electric shock, it was an accident. He appealed on the ground of misdirection. Failed.
Anderson 1986
he defendant agreed to sell “diamond wire” which was to be used by a prisoner to cut through the bars on his cell window. He was convicted of conspiracy to effect the escape from prison and appealed. He claimed that as he never intended that the escape take place, and nor did he believe it could succeed, there was (from his perspective) no agreement to be carried out in accordance with his intentions
Gibson 1992 -
There is a common law offence of outraging public decency, any conspirancies ought to be charged as statutory conspiracies.
Goldman 2001
business - indecent pictures of children - incitement - customers guilty as well.
Invicta Plastics 1976
D advertised for sale a device which could be used for detecting police speed traps. The use would contravene the Wireless Telegraphy Act 1949