Attempts case law

R v Jones

The defendant purchased a shotgun and saw off the barrel before confronting the victim in a car. He pulled the trigger, but the safety was still on so it did not fire, the court ruled these were more than merely preparatory acts . This case set a precedent on when a defendant’s actions move beyond preparation

R v Tosti

The defendants examined a lock on a barn they intended to rob but had not yet intended to break. The court ruled these actions were preparatory, as they had not yet attempted to commit burglary.

AG’s reference No.1 of 1992

This case involved an attempted rape where he assaulted the victim ,but failed to make any attempt to penetrate as he couldn’t get an erection. This was ruled to be more than merely preparatory as he exposed himself and assaulted her.

R v Geddes

D broke into a school and was discovered in the boys toilet with tape and rope. Despite this, his actions were to be ruled as merely preparatory and not an attempt.

DPP v Stonehouse

D was a British politician. He faked his own death to escape financial problems and possibly a forced espionage arrangement. He was found a month later living in Australia under a pseudonym. He was charged and convicted with attempted fraud as he had taken out a life insurance policy just before doing it. To be more than merely preparatory the defendant must have ‘ crossed the Rubicon and burnt his boats’ – taken an irrevocable step.

R v Husseyn

D and another man were loitering by a van full of scuba equipment. When police approached to question them they ran off. They could not be charged with attempted robbery as their intention could not be proved. Conditional intent is insufficient. Attempt also has to be intent not recklessness

R v Easom

D rummaged through a handbag, but found nothing worth stealing and put it back. In this case the intention was enough as if there was something worth stealing D would have taken it.

R v Whybrow

D had met a younger woman and tried to kill his wife. He put wires leading into the bath and when his wife got she got a minor shock and called the police. Only direct intent will suffice and it was clear in this case his intention had been to shock her to death in the bath tub.

R v Shivpuri

D was convicted of drug carrying offences. D was carrying what he though was heroin, but it was actual vegetable powder. D argued the crime was impossible as he hadn’t actually got any drugs. As he had the intent to smuggle class A drugs into the country he was still found guilty of attempted drug smuggling.