GoConqr has a new look! Let us know what you think.

Mind map

Attempt

ellenclare Law A2 level English

Mind map on criminal attempts law: actus reus, mens rea, impossible crimes and AO2 comments

Mind map: Criminal attempts law

Map content

Attempt

  1. Actus Reus

    • Must look at the actus reus element of every offence
    • "More than merely preparatory"
      • Jones 1990
        • There may be some acts left to perform before an offence is committed but pointing a gun at the victim was deemed more than merely preparatory
      • Tosti 1997
        • By fiddling with the padlock the men were trying to comitt a full offence
      • White 1910
        • Although the woman died of unrelated causes, by putting the poison in her drink, D was attempting to kill her
      • AG Ref no1 of 1992
        • Although he was found not guilty, if tried in present day pulling his trousers down would be seen as more than merely preparatory
    • Merely preparatory
      • Campbell 1990
        • It was said he was still preparing, would have had to enter the shop in order to be 'more than merely preparatory'
      • Gullefer 1987
        • There was no offence as he had not "embarked on the crime proper"
      • Geddes 1996
        • Not guilty as he hadn't tried to commit the crime
          • Bad outcome, he had done everything but take the children
  2. Meaning

    • s.1 Criminal Attempts Act
      • Intent
      • More than merely preparatory
  3. Old Test

    • Three tests to determine if an attempt had taken place. The judge had to decide which test to use.
    • Series of Acts
      • One in a series of acts which, if not stopped would lead to the commission of an offence
        • Davey v Lee 1968
        • Boyle and Boyle 1986
    • Before attempts were defined in the Criminal Attempts Act 1981 common law tests were used
    • Proximity
      • How close to the full offence were their actions?
        • Were D's acts so 'immediately connected' to the actus reus of the offence as to justify liability for attempt?
          • DPP v Stonehouse 1978
    • Rubicon
      • The last acts - no going back
      • D crossed the line into criminality and passed the point of no return
        • Robinson 1915
  4. Mens Rea

    • Intention
      • Easom 1971
        • Cannot be guilty of an attempt if they do not have the necessary intention to commit the full offence
      • Husseyn
        • Loitering near a van does not prove intent
      • AG Ref Nos 1&2 of 1979
        • Conditional intent is sufficient
    • Recklessness
      • Not usually sufficient
        • Exception
          • AG Ref No3 of 1992
            • Needed intent to damage property but recklessness as to whether life had been endangered was sufficient
            • Was found not guilty but, if tried today, would be guilty
        • Millard and Vernon 1987
    • Murder
      • Can't have intended GBH for attempted murder
  5. Impossible crimes

    • Before the Criminal Attempts Act
      • If crime was physically or legally impossible there was no offence
    • After Criminal Attempts Act
      • Factual Impossibility
        • A person may be guilty of attempting to commit an offence even though the facts state the offence is impossible
          • S.1(2)
      • Legal Impossibility
        • s.1(3)
          • A) Apart from the subsection, a person's intention would not have been regarded as sufficient in order to commit an offence
          • B) If facts of the case had been as D believed them to be, their intention would have been sufficient to be guilty of an attempt
            • Will be regarded as having intent to commit the offence
    • Anderton v Ryan
      • Video player not stolen so D's acts are 'innocent'
    • R v Shivpuri
      • Overruled Anderton v Ryan
      • Any attempt to commit an offence carries liability if D:
        • Intended to carry out the substantial offence
        • Did an act that was more than merely preparatory
        • Even though completion was impossible
  6. AO2 Comments

    • Problems caused by having several tests at common law
    • The rationale behind the law of attempts as a need to stop criminal behaviour before harm is caused
    • The desire by Parliament to make this an offence decided by a jury using their comm sense
    • The need to balance this against intervention which is too early and could run the risk of punishing people for mere contemplation of minimal activity of a crime
    • The need to give police the opportunity to stop criminals before an offence is committed

Information

Description
A2 level Law (Attempts) Mind Map on Attempt, created by ellenclare on 02/06/2016.
Created by
ellenclare
Views
4
Rating

Feedback

What is it about?

What do you think of the new look?

How do you like it?