Actus Reus

What is the rationale behind the attempts law ?

• Those who plan to commit an offence but fail deserve to be punished.

• It’s existence means that if the police are aware that an offence is going to be committed, they do not have to wait until it’s complete before arresting the suspects.

What is the law ?

• The Criminal Attempts Act 1981 states “if with the intent to commit an offence, a person does an act that is more than merely preparatory to the commission of the offence.”

What is the actus reus of preliminary offences ?

• The actus reus of preliminary offences is ‘more than merely preparatory’.

• The judge will consider whether there is enough evidence to go before the jury and they will decide if the defendant has passed the preparation stage and progressed to something beyond that.

What is the case of R v Gullefer ?

• Facts: The defendant bet on a greyhound but, seeing it wouldn't win, ran onto the track to disrupt the race and recover his stake.

• Held: The Court of Appeal overturned his conviction, saying he hadn't progressed beyond the preparatory stage since he still needed to request his money back from the bookmakers.

What is the case of R v Tosti ?

Since Gullefer, the courts have stressed that the words of the Criminal Attempts Act 1981 are to be followed rather than tests laid down in pre-statute cases.

• Facts: The defendant and an accomplice hid burglary tools near a barn they planned to break into. While checking the lock, they saw they were being watched and ran away.

• Held: The Court of Appeal upheld their attempted burglary conviction, saying there was evidence they had gone beyond preparatory stages and tried to commit the crime.