Attempts

Attempts

1. Mens Rea

2. Actus Rea

   • Old Test
     • Rubicon
       • The last act - no going back
       • Robinson
     • Proximity
       • How close to the full offence were their actions?
       • Stonehouse
     • Series of Acts
       • One in a series of acts which, if not stopped, would lead to the commission of an offence
       • Davey v Lee
       • Boyle and Boyle
   • Offence
     • Must look at the actus reas element of every offence
   • More than Merely Preparatory
     • Campbell
       • Was not merely more than preparatory
         • He had not gone in the post office
       • Fake gun, post office, threatening note
     • Gullyer
       • Race track
       • Was not more than merely preparatory
         • Did not stop the race
         • Must "embark on the crime proper"
           • Too vague
     • Geddes
       • Waiting outside toilets with rope, duct tape and a knife
       • Was not more than merely preparatory
         • Had not tried to take children
           • Bad outcome
             • The only thing left for him to do was to take a child
       • Test
         • Had the defendant moved from planning or preparation to execution or implementation
         • Had the defendant done an act showing that he was actually trying to committ the full offence or had he got only as far as getting ready or putting himself in that postion or equipping himself to do so?
     • Jones
       • Car and gun. Woman threw gun out of car and ran
       • Was considered to be more than merely preparatory
         • The point was reached when he got in the car

3. Meaning

   • S1 Criminal Attempts Act
     • Intent
     • More than merely preparatory