2. Overview
We have been looking at secondary parties, joint
enterprise, and conspiracy.
All have one thing in common: no need to commit a
physical crime.
We saw that conspiracy is an inchoate offence.
Attempts is the second major inchoate offence.
3. Session Objectives
By the end of the session, all learners will:
Be able to apply the law of attempts to a case
study.
Some learners will:
Be able to evaluate legal arguments on attempts.
4. Attempt?
Walt has a grudge against Jessie, his former business
associate. One evening, he decides that he is going to
choke Jessie to death with his bare hands. In
preparation for this, he joins the local dojo in the hope
that he will eventually be sufficiently good at fighting
to be able to wrestle Jessie to the ground.
Walt's wife, Skyler, reads about his plans in his diary
and calls the police. Walt is arrested whilst he is
training in the dojo.
5. Definition
Criminal Attempts Act 1981, section 1(1)
If, with the 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.
6. Elements of the Offence
Attempts
Attempts
Intention to commit
Intention to commit
an offence
an offence
Does some kind
Does some kind
of act
of act
More than merely
More than merely
preparatory
preparatory
7. Actus Reus
Walt has a gambling problem. He bets £18 on a
greyhound, hoping that he will win £50 by the end of
the race. Unfortunately, Walt's dog is performing very
badly in the race and looks set to finish last. Not
wanting to loose his £18, he jumps onto the track and
stops the race, hoping that the stewards will call "no
race" and he will be able to reclaim his bet from the
bookmaker.
Walt is charged with attempted theft from the
bookmaker. Do you think his acts were more than
merely preparatory?
8. Actus Reus
R v Gullefer (1990)
Lord Lane CJ: D was not guilty of attempted theft. Jumping
onto the track was merely preparatory.
The real attempt would come when he tried to claim his
money back from the bookmaker.
Must have embarked on the actual crime.
9. Actus Reus
R v Jones (1990)
D's girlfriend left him for another man (V).
D bought a shotgun, sawed off the barrels, dressed in a
helmet and overalls.
Jumped into V's car and held the gun to his head.
V grabbed the gun and threw it out of the window.
Charged with attempted murder.
10. Actus Reus
R v Campbell (1991)
D is arrested by the police wearing a crash helmet
and carrying a fake gun.
He was within a yard of a Post Office door.
11. Actus Reus
R v Geddes (1996)
D is found hiding in the boys' toilets in a local
school.
D runs away and the police discover a backpack
containing rope, sealing tape, and a knife.
D is charged with attempted false imprisonment.
More than merely preparatory?
12. Actus Reus - Common Thread
R v Geddes (1996). Lord Bingham:
There is no easy way to tell when an act has ceased
to be merely preparatory. There is no rule of thumb
test. Judgment must be based on the facts of each
case.
Has D done an act which shows that he has actually
tried to commit the offence in question, or has he
just got himself into a position or equipped himself
to do so?
13. Actus Reus Timeline
Buys a
gun
Draws-up
a plan
Drives to
victim's
house
Waits outside
victim's
house
Loads gun and
removes
safety
clip.
Throws victim
against wall
14. Mens Rea
Intention to bring about the offence.
R v Whybrow (1951): For attempted murder you must
intend to cause death. An intention to cause GBH is
not enough.
15. What if the Offence is
Impossible?
Section 1(2) Criminal Attempts Act 1981
A person may be guilty of attempting to commit an
offence to which this section applies even though
the facts are such that the commission of the
offence is impossible.
16. What if the Offence is
Impossible?
R v Shivpuri (1987)
D was persuaded to act as a drugs courier.
He collected a briefcase which he thought contained
heroin.
It actually contained vegetables.
Convicted of attempting to smuggle drugs even
though it was impossible for him to do so.
17. Summary
An attempt involves an act which is more than merely
preparatory.
This is a difficult judgment to make.
You can be guilty of an attempt even though the
offence is impossible to commit.
Mens rea: intention to commit the offence.
