A2 Law: Cases - Attempts

Jessica 'JessieB
Flashcards by Jessica 'JessieB, updated more than 1 year ago
Jessica 'JessieB
Created by Jessica 'JessieB over 7 years ago
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A Levels Law A2 (Cases) Flashcards on A2 Law: Cases - Attempts, created by Jessica 'JessieB on 04/29/2014.

Resource summary

Question Answer
Case Facts: More Than Merely Preparatory - Gullefer (1990) The defendant put a bet on a greyhound but it was losing. He jumped onto the racetrack so the race could be declared void and he'd get his money back, but the stewards thought it was unnecessary to declare it void.
Case Outcome: More Than Merely Preparatory - Gullefer (1990) His conviction of attempted theft was quashed as his acts were only preparatory to steal his money back; he would had to have gone to the betting shop and demand his money back to be convicted. Lord Lane claimed he hadn't started on 'the crime proper'
Case Facts: More Than Merely Preparatory - Jones (1990) Jones' partner told him she was seeing another man. The defendant bought a shotgun, shortened the barrel, bought a crash helmet and found the victim (the other man) in his car. The defendant got in the car and pointed the gun at him. The victim grabbed the gun and threw it out of the window.
Case Outcome: More Than Merely Preparatory - Jones (1990) He appealed against his conviction for attempted murder as he said he was still preparing as he hadn't taken the safety catch off the gun and pulled the trigger. His conviction was upheld because as soon as he got into the car, his acts had become MTMP.
Case Facts: More Than Merely Preparatory - Campbell (1990) The defendant had an imitation gum, sunglasses and a threatening note in his pocket. He paced the outside of a post office and was arrested when 1 yard outside the post office door.
Case Outcome: More Than Merely Preparatory - Campbell (1990) His attempted robbery conviction was quashed as there was no evidence that his actions were MTMP. The COA has been criticised for narrowly interpreting the 1981 Act as it seemed he was still preparing - it raises questions as to if the defendant had stepped into the post office, would it have been too late?
Case Facts: More Than Merely Preparatory - Geddes (1996) The defendant was found in the boys' toilets in a school with a kitchen knife, rope and masking tape. He was trespassing but hadn't come into contact with any pupil.
Case Outcome: More Than Merely Preparatory - Geddes (1996) His conviction of false imprisonment was quashed as his actions were MTMP. He hadn't came into contact with anyone and it couldn't be said that he was actually trying to commit the offence in question. The COA devised two relevant questions: 1) Had the accused moved from planning/preparation to execution/implementation? 2) Had the accused done something that showed he was actually trying to commit the offence or had he only gone so far as getting ready or putting himself in a position to do so?
Case Facts: More Than Merely Preparatory - Boyle and Boyle (1987) The defendant's were found standing by a door which had one hinge and the lock was broken.
Case Outcome: More Than Merely Preparatory - Boyle and Boyle (1987) They were convicted of attempted burglary as they would have committed the full offence if they had stepped into the building, so it was safe to say they had gone beyond mere preparation.
Case Facts: More Than Merely Preparatory - Tosti (1997) The defendant was found examining the lock to a door and metal-cutting equipment was found in a bush close to the premises.
Case Outcome: More Than Merely Preparatory - Tosti (1997) He was convicted of attempted burglary as he was trying to commit the full offence by examining the padlock.
Case Facts: More Than Merely Preparatory - Bowels and Bowels (2004) The defendant was arrested for something else but, subsequently, an unsigned will was found in his desk drawer which stated that the neighbours' house be left to the defendant. The neighbour actually wanted her house to be left to charity.
Case Outcome: More Than Merely Preparatory - Bowels and Bowels (2004) The defendant's convicted of attempting to make a false instrument was quashed as there was no evidence the defendant had taken steps to execute the will by either the neighbour or anyone else. The will had been left in the desk for months; his acts were no more than preparatory. The current position is now: 1) When the defendant "embarks on the crime proper" (as in Gullefer) or 2) is actually trying to commit the full offence (as in Geddes) then they may be guilty of an attempt by decision of the jury, alongside the rest of the facts of the case.
Case Facts: Mens Rea - Whybrow (1951) The defendant wired up a soap dish to the electricity mains in order to electrocute his wife when she had a bath.
Case Outcome: Mens Rea - Whybrow (1951) He claimed he was trying to earth a radio in his bedroom and it was an accident. The COA confirmed that for attempted murder, the defendant must intended to kill.
Case Facts: Conditional Intent (MR) - Easom (1971) The defendant picked up a woman's handbag in the cinema. He rummaged through it to see if there was anything he wanted, but put the bag back as there wasn't anything.
Case Outcome: Conditional Intent (MR) - Easom (1971) His conviction of theft of the bag and its contents was quashed as there was no evidence he intended to permanently deprive the owner of the bag or its contents.
Case Outcome: Conditional Intent (MR) - A-G's Reference (No's 1 & 2 of 1979) 1979 COA stated that as long as the Act was worded in a way that didn't specify particular items, then the defendant could still be convicted. They could be convicted of attempted theft of anything of value, for example.
Case Facts: Recklessness (MR) - Millard and Vernon (1987) The defendant's repeatedly pushed against a wooden fence at a football ground.
Case Outcome: Recklessness (MR) - Millard and Vernon (1987) Their convictions of attempted criminal damage was quashed as being reckless as to whether the property was damaged was not enough; the prosecution had to prove intention to damage the property.
Case Facts: Recklessness (MR) - A-G's Reference (No 3 of 1992) 1994 The defendant threw a petrol bomb at a car of four men. The bomb missed and hit a wall.
Case Outcome: Recklessness (MR) - A-G's Reference (No 3 of 1992) 1994 He was charged with attempted arson with the intent to endanger life. The COA stated that it was only necessary to prove he intended to damage property; recklessness as to whether life was endangered was enough.
Case Outcome: Attempting the Impossible - Anderton v Ryan (1985) The defendant was charged with attempting to handle stolen goods when she was told, by the police, that she had bought a stolen video recorder. There was no proof it was stolen and so her conviction was quashed.
Case Facts: Attempting the Impossible - Shivpuri (1987) The defendant was arrested at the airport as he confessed he was trying to smuggle in heroin. The 'heroin' was in fact harmless vegetable leaves - the defendant didn't know that.
Case Outcome: Attempting the Impossible - Shivpuri (1987) His conviction of attempting to deal prohibited drugs was upheld as if the defendant had intended to commit the act and had done something MTMP, then he can still be found guilty even if it would have been factually and legally impossible for him to have completed the full offence.
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