Attempts

A-level Law Criminal Law Paper 1

 Meaning of attempt
• An attempt is when D tries to commit an offence
but does not, for some reason, complete it
• An attempt is defined by s.1(1) of the Criminal
Attempts Act 1981:
• “If, with intent to commit an offence to which
this section applies, a person does an act which
is more than merely preparatory to the
commission of the offence, he is guilty of
attempting to commit the offence.”
 Key Actus Reus Test for Attempts
• D has to have done an act that is more than
more merely preparatory to the commission
of the main offence
• D does not have to go beyond the “point of no
return” (A-G’s Ref, No 1 of 1992, 1993)
• However, D must have gone beyond the
merely preparatory and “embarked on the
crime proper” (Gullefer, 1987)
 In Geddes (1996), the CA posed two
questions:
1. Has D moved from planning/preparation to
execution and implementation?
2. Has D done an act that shows he was actually
going to commit the main offence or did D
only get as far as getting ready, putting
himself in position, or equipping himself to
do so?
 Examples of attempts cases where the courts
took the view that D’s acts were not more than
merely preparatory
• In Gullefer (1987) D wanted to have a horse
race declared void in order to reclaim money
he had placed on a bet – he therefore jumped
on the track.
• This was not more than merely preparatory
because several more acts were required for
him to commit the main offence of theft after
having the race declared void, e.g. he needed
to ask for the money back
 Examples of attempts cases where the courts
took the view that D’s acts were not more than
merely preparatory
• In Geddes, 1996, D was found hiding on school
premises in possession of a large knife, rope
and masking tape
• He had not contacted any of the students
• His conviction for an attempted
kidnapping/false imprisonment offence was
quashed
 Examples of attempts cases where the courts took the
view that D’s acts were not more than merely preparatory

• Likewise in Campbell, 1990:

• D was found outside a Post Office with an
imitation gun, sunglasses and a threatening
note in his pocket
• As he had not entered the Post Office D’s act
was not more than merely preparatory; he
had not moved to the execution stage
 Evaluation: Both Geddes and Campbell are
difficult to justify…
• If you have to wait for such a close point to
commission, the law might not be adequately
protecting people from the main offence
Cases where D’s acts were seen to be “more
than merely preparatory”
• For the offence of burglary:
• Ds were found standing next to a door in
which the lock and the hinge were broken-
• as entry is crucial to the offence of burglary,
trying to gain entry is clearly an attempt (Boyle
and Boyle, 1986)
Cases where D’s acts were seen to be “more
than merely preparatory”
• For the offence of rape:
• In the context of dragging a girl into a shed,
dropping trousers, touching the girl’s private
parts and seeking to gain an erection this was
clearly an attempt (A-G’s Ref No 1 of 1992,
1993)
Cases where D’s acts were seen to be “more
than merely preparatory”
• For the offence of murder:
• D went equipped with a converted gun, and a
crash helmet with the visor down, and pointed
the gun at V at close range
• This was clearly an attempt (Jones, 1990)
 Can D attempt to commit an impossible
crime?
• What is an impossible crime?
• e.g. D intends to kill V, finds him in bed,
assumes he is asleep and stabs him several
times – unknown to D, V had already died of a
heart attack. D can be guilty of attempted
murder here
 Can D attempt to commit an impossible
crime?
• s.1(2) of the Criminal Attempts Act 1981 on factual
impossibility:
• “A person may be guilty of attempting to commit an
offence…even though the facts are such that the
commission of the offence is impossible.”
• s.1(3) adds a provision about legal impossibility –
although on the face of it there was no intention to
commit an offence, if the facts of the case were as D
believed them to be, D might be regarded as having
the intent to commit an offence
 Can D attempt to commit an impossible
crime?
• See the House of Lords’ use of the Practice
Statement in R v Shivpuri (1986), overturning
its earlier precedent in Anderton v Ryan (1985)
 R v Jones (2007)
Facts:
• D had used a black marker pen to write graffiti on the
walls of toilets on trains and in train stations: “Wanted
for sex, girls from 8-13. Text only”
• Alerted by a female journalist, who had initiated an
exchange of texts with D, British Transport Police took
over by pretending to be “Amy”, aged 12
• When a meeting was finally arranged, D was arrested; he
was found in possession of the mobile phone that had
been used in the exchange of texts and the marker pen
 R v Jones (2007)
Held:
• Even though “Amy” was not a real 12 year old
girl – hence an impossible crime – D clearly
had intended to incite a child aged under 13 to
engage in sexual activity
 Mens rea of attempts
• D must have the same intention as would be required by
commission of the same offence
• This can now involve conditional intent (following A-G’s Ref, Nos
1 and 2 of 1979, 1979), so today the case of Easom (1971) would
be regarded as attempted theft (where D rummaged through a
bag but put it back when he did not find anything worth
stealing)
• Recklessness is not generally sufficient for the MR of attempts
but with one exception: where an offence requires intention as
to one element but only recklessness as to another (e.g. arson
with intent to endanger life – see: A-G’s Ref (No 3 of 1992),
1994)
Past paper example of Attempts question
• Gemma intended to throw acid at Helen’s face. She hid in
a shop doorway. She was just taking acid out of her bag as
Helen approached, when she saw a police officer nearby.
She put the acid back in her bag and walked away.
• Assume that, if Gemma had thrown the acid at Helen’s face
and had burnt her with it, she would have committed an
offence of GBH with intent (s.18 OAPA 1861).
• Suggest why, in law, Gemma probably did not commit the
actus reus of an attempt to commit that offence when she
did not throw the acid. (5 marks)