ATTEMPTS

Criminal Attempts

Definition (AO1)

• 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

Only for indictable / Triable either way offences

Courts struggle to identify ‘MTMP’

Criminal Attempts

Source (AO3)

Criminal Attempts Act 1981 s.1(1)

Criminal Attempts

Case (AO3)

(R v White)

D tried to kill mother in-law by poisoning her drink but V died anyway from a heart attack. D convicted of attempted murder

Attempts - AR

Definition (AO1)

• An Attempt must be a deliberate act and not an omission. The main offence need not occur

  AND

• It must be ‘More than merely Preparatory’ (MTMP) to the main offence.

More Than Merely Preparatory

Definition (AO1)

Question of fact for the jury s.4(1) CAA 1981

(Generally last in a series of acts)

1. Forms part of a series of acts which would constitute the actual commission of the offence if it were not interrupted

   AND

2. The series of acts begins when the merely preparatory acts come to an end and D embarks on the Crime Proper

More Than Merely Preparatory

Case (AO3)

(R v Gullefer) - Merely Preparatory

D bet on a dog in a dog race. When seeing that it would lose, he jumped onto the track to make the race void and get his stake bake. Found NG of attempted theft.

(R v Jones) - MTMP

D got in V’s car and pointed sawn-off shotgun at him. Seen that all actions until getting into the car were merely preparatory but getting in the car, taking out the shotgun and pointing it at V was MTMP. D was G of attempted murder

Attempts - AR

Exam Technique (AO2)

Breakdown D’s conduct into a series of events and identify the “point of no return”.

Not necessary to get the line right, just say what you think.

Attempts - MR

Definition (AO1)

For an attempt, the D must have the intention as would be required for the full level of harm. i.e. s.47 - must foresee some harm. (Which is different to normal MR for s.47)

Only intent (direct / oblique) is sufficient.

Recklessness is not enough

Attempts only relate to specific intent crimes. D must intend to bring about the final result, even if full offence can be committed recklessly.

Attempts - MR

Case (AO3)

(R v Whybrow) - Intent is principal ingredient of the crime

D wired a soap dish to an electrical supply to give his wife an electric shock in the bath. Convicted of attempted murder based in MR to kill or cause GBH. CA upheld conviction but clarified that intention to cause GBH would not suffice for attempted murder.

Attempted murder can only be committed with intent to kill!!

Attempts - MR - Direct Intent

Case (AO3)

(R v Pearman)

Attempts - MR - Oblique Intent

Case (AO3)

(R v Walker)

Conditional Intent

Definition (AO1)

Also sufficient for MR of attempts.

Usually only relates to property offences (theft & robbery) i.e. an intention to steal on condition that D finds something worth stealing

Conditional Intent

Case (AO3)

(R v Easom)

D sorted through V’s handbag but found nothing worth stealing and so left the bag with contacts intact. There was intent to steal IF there was something worth stealing so MR was sufficient and D was G of attempted theft.

Attempting the impossible

Definition (AO1)

A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible

Attempting the impossible

Source (AO3)

Criminal Attempts Act 1981 s.1(2)

Attempting the impossible

Case (AO3)

(R v Shivpuri)

D arrested with intent to supply drugs, but he got ripped off by his dealer and was in fact in supply of vegetables. D was convicted

Example where house of lords used 1966 Practice Statement to overrule the decision in (Anderton v Ryan)

Offences that can be attempted

(AO2)

• Murder

• s.18 GBH

• S.20 (wounding only)

• S.47 ABH

• Theft

• Robbery

Offences that cannot be attempted

(AO2)

• s.39 common assault - Summary offence

• IVMSL - Death is unintended so can’t be attempted

Attempts - Exam Technique

(AO2)

1. Identify the offence that D attempted to commit

2. Identify AR elements of that act

3. Consider Whether D’s acts were more than MTMP

4. Decide if D intended the offence