Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
4 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
General overview |
• Defined by s1 (1) Criminal Attempts Act 1981. • White- 'inchoate' offence, attempted murder. • 'If, with intent to commit an offence, a person does an act which is MTMP to the commission of the offence, he is guilty of attempting to commit the offence'. • Some offences cannot be attempted (manslaughter) and attempts can't be an omission. |
CAA |
|
|
Actus reus |
• Before the Act, common law tests were used: 1) Proximity test- Acts 'too remote' from commission of the crime are not considered, must be 'immediately connected'. 2) 'Rubicon'/Last Act test- crossed the point of no return (Stonehouse). 3) 'Series of Acts' test- forming part of a series (Boyle & Boyle- found next to a broken door, attempted burglary). • More than merely preparatory (Gullefer- jumped onto a race track) (Jones- pointed shotgun at V with safety catch on) (AG's Ref (no 1 of 1992)- need not have performed the last act) (Geddes- schoolbag with knife found in toilet). • Two stage test developed: 1) D must do an act showing he was trying to commit full offence. 2) D must have moved from preparation to execution (Tosti- examined padlock in order to cut it, but ran off). |
S B&B G AG(no 1 of 1992) G T |
|
|
Impossible attempts |
• s1 (2)- person can be guilty of attempting to commit an offence even where the facts make it impossible to commit the full offence. • May be physically impossible or legally impossible (Shivpuri- carrying cabbage powder instead of heroin). • No criminal offence, then D can't be convicted (Taaffe- believed importing foreign currency was illegal). |
S T |
|
|
Mens rea |
• (a) MR as to consequence- D must intend to commit the full offence (Easom- searched through handbag but put it back after finding nothing). • Must be intent to kill for attempted murder (Whybrow- bath wired up to electricity). • Conditional intent can be used as long as certain conditions are met (Husseyn- broke into van for sub-aqua equipment). • (b) MR as to circumstances- recklessness can be sufficient (Khan- 3 D's tried to have sex with a girl without her consent). |
E W H K |
