College Law

Free revision notes for Criminal law

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Attempts


Attempts is when someone tries to commit a crime but at some point fails. It exists to prevent offenders from reoffending by punishing them for their attempts to offend.
Exam tip
Learn definitions and their statutory source to make your answer confident and authoritative.

Section A - outline knowledge of the old law and it’s problems to show why Parliament had to act, but focus on the law and issues post 1981. Use key cases confidently and explain the law clearly, balancing this with AO2 analysis. 

Attempts- Content

Introduction

An attempt is when someone tries to commit a crime but fails. It prevents offenders from attempting the/or any offence a second time and helps keep society safer.

Old Law on attempt had 3 common law tests


The last act or proximity test - Only liable if he had done the very last act before the crime. Difficult to decide when the last act been done. Not fair to society - creates dangerous situations.

The rubicon test - Defendant had to cross the line where there was no chance of going back. Too difficult to prove. Could be very late in some situations.

The series of acts test - Several things have to be done to make the defendant liable. It is very difficult to decide what and how many acts are enough for liability.

Actus Reus of attempt

The AR is defined as an act which is more than merely preparatory to the commission of the full offence. In other words, apart from preparing to do something, the defendant has to put himself in a place where there is no chance of escaping. Buying a gun is merely preparatory hoverer pointing a gun at someone is more than merely preparatory. Case Example on Merely preparatory : Campbell 1990 The D was standing outside a post office with a threatening note in his pocket and an imitation gun. Case Example on more than Merely preparatory : Jones 1990 The D bought a gun, shortened the barrel, found the victim in his car, got in and pointed the gun to his head. All acts were merely preparatory until the point where he got in the car.

Mens rea of attempt

Intention is key when it comes to the mens rea of an attempt Recklessness is insufficient but there are some exceptions! Case Example - Recklessness : Easom 1971 Defendant picked up woman’s bag but didn’t touch anything and put it back. There was no conviction as he didn’t intend to steal/permanently deprive anything

Attempting impossible

Before the criminal attempts act 1981

If the crime was impossible to commit, then there is no offence. For example, the D enters the V’s room and goes to stab him in bed but the V had died of a heart attack two hours earlier.

After the criminal attempts act 1981

It is possible to be guilty of attempting the impossible.