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Mind map

Criminal Attempts

TomBrittain English 5.0Average rating 5.0 out of 5 (1 rating)

Mind map about criminal attempts: actus reus, mens rea, Criminal Attempts Act 1981 and attempting the impossible

Mind map: Criminal attempts

Map content

Criminal Attempts

  1. Introductory Facts

    • Rationale
      • Punish the Criminal Mind
        • Deterrence
        • Public Protection
        • Criminal Mind = Criminal Liability
    • History
      • Attempts have long been criminalised in the Common Law
        • R v White (1910): Mother-Son-Heartattack-Son Poison-Not Linked-Attempted Murder.
      • Judges have struggled with the AR of attempts. (Deciding how close D had to get to the full offence.)
      • Judges have developed a number of tests in Common Law (JP)
        • E.g: The Proximity Test.
          • Eagleton
          • Robinson: Jeweller-Hid Stock-Tied Self Up-Called Police-D Found+Confessed-Quashed-Not Rang Insurance-Acts Not Immediately Concerned With Substantive Offence.
      • Couldn't be convicted of attempting the impossible. REFORM REQUIRED!
        • Criminal Attempts Act (1981)
    • Definition of Attempts
      • S.1(1) Criminal Attempts Act (1981)
      • An act which is more than merely preparatory towards commission of the full offence.
    • Sentencing
      • S.4(1) CAA (1981)
      • An attempt will be punishable to the same extent as the substantive offence.
  2. Actus Reus of Attempts

    • S.1(1) Criminal Attempts Act (1981)
    • An act which is more than merely preparatory towards commission of the full offence.
      • MTMP not explained further!
        • S.4(3) CAA (1981): Matter for the Jury to decide
        • As Juries (at trial) lead to inconsistent decisions, on Appeal, Judges have tried to explain MTMP further, and give guidance.
          • More Than Merely Preparatory
            • R v Jones: D-Sawn off Shotgun-Entered V's Car-Pointed Gun-D Got Gun-V=Attempted Murder
            • Boyle and Boyle: D's-Door-Locks Broken-Attempted Burglary-CA: Full Offence=D's Entering Building, Any attempt to Gain Access=Attempt
            • AG's Reference: Man-Girl-Shed-Dragged-Attempted Rape-Argued Against-Flaccid Penis-Dragging into Shed=MTMP
          • Less Than Merely Preparatory
            • R v Geddes: Man-Boys Toilet-School-Weapons For Kidnap.
              • MTMP = Moving from Preparation and Planning to Implementation and Execution.
            • R v Gullefer: Greyhound Race-Dog Loosing-Man-Track-Void Race-Not "Embarked on the Crime Proper"-Not Started Get Money Back.
              • MTMP = When D has Embarked on the Crime Proper
            • R v Campbell: Man-Post Office-Outside-Note+Fake Gun-Rob-Changed Mind-Quashed-NO MTMP
  3. Criminal Attempts Act (1981)

  4. Mens Rea of Attempts

    • Common Law - Pre-1981
      • R v Mohan: Ruled "Intent is an essential ingredient for attempts." "Recklessness is never sufficient for MR."
    • Now S.1(1) CAA (1981)
      • Mens Rea is usually the same as the full substantive offence. However:
        • Recklessness as a consequence is never sufficient as MR for attempts
          • Millard v Vernon: D-Football Stand-Attempted Criminal Damage-CA-Recklessness (as a consequence) is not sufficient MR for attempted crimes, specific intention is required.
          • Recklessness may be sufficient for 1 part of the offence.
            • AG's Reference
            • Recklessness as to circumstances may be sufficient for attempted rape.
              • R v Khan and Khan
              • D can be liable if they intended to have sexual intercourse but were "reckless as to consent."
        • MR for Attempted Murder
          • R v Whybrow: Showed "Intention to Kill" rather than "Intention to Kill or Cause GBH" as it is for Murder.
          • MR is more onerous for Attempt than Full Offence.
      • Follows CL position
  5. Attempting the Impossible

    • Legal Impossibility
      • D intends to commit an offence, but is apprehended. However, the offence in question is not actually an offence. It is Legal!
      • CAA (1981) does not deal with Legal Impossibilities.
        • R v Taaffe: HoL held D could not be guilty of attempting a crime which was legally impossible
          • AO2: Defence was the Smugglers Defence which left a gaping lacuna in the Law of Attempts.
    • Factual Impossibility.
      • D intends to commit an offence, but it is found that it is factually impossible to complete the full offence.
      • Pre-1981
        • Haughton v Smith: You cannot be convicted of attempting a factually impossible offence.
      • S.1(2) CAA (1981)
        • It is possible convict a defendant who has attempted a factually impossible offence.
        • Anderton v Ryan: HoL failed to interpret the new statute properly as D was quashed of the offence.
          • R v Shivpuri: HoL used Practice Statement (1966) for the 1st time in a criminal trial to overrule the earlier decision in Anderton v Ryan to convict of a factually impossible offence.

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Description
Mind Map on Criminal Attempts, created by TomBrittain on 26/01/2015.
Created by
TomBrittain
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Rating
Average rating 5.0 out of 5 (1 rating)

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