Summary
Summary Preliminary offences - Criminal law
- Module
- A2 Unit G153 - Criminal Law
- Institution
- OCR
Summary of preliminary offences including attempted offences and impossibility for OCR, written by an A* student
[Show more]
Content preview
Criminal attempts act 1981 - s.1(1) “If, with intent to commit an offence, aperson does an act which is more than merely preparatory to the commission
of the offence, he is guilty of attempting to commit the offence.”
AR: doing an act which is more than merely preparatory.
MR: intention to commit an offence.
The attempt must be indictable or triable either way, not preliminary.
Jones 1990 - D was convicted of attempted murder - the prepartory acts were
loading the gun, putting on his disguise and going to the school. But once he
got into the car, the acts which were more than merely preparatory were
when he took out the loaded gun and pointed it at V.
Timeline:
Decision to commit the offence; no liability. Planning and preparation; no
liability. Acts that are more than merely preparatory; attempt (the point
where planning turns to reality, the Gullefer test, has D embarked upon the
crime proper?).
AR cases (embarking on the crime proper):
Campbell - D planned to rob a post office, he arrived with a helmet, a fake gun
and a threatening note in his pocket, but was arrested before he entered, he
had not embarked upon the crime proper.
Tosti - D attempted to burgle a barn, he was disturbed when examining the
padlock on the barn, they had brought tools and a getaway vehicle, he was
guilty as he embarked upon the crime proper.
Geddes - D was found in the school toilets with a rucksack and ran off when
spotted by a teacher who alerted the police, arrested and convicted of
attempted false imprisonment, wasn’t guilty as he had prepared but never
made contact with the student.
, MR (intent to commit the offence):
Whybrow - for attempted murder, D must intend to kill (cannot intend GBH).
AG Ref No.1 and 2 1979 - conditional intent sufficient.
Millard and Vernon - recklessness alone is not sufficient (e.g. cannot attempt
to recklessly damage property).
AG Ref No.3 of 1992 - recklessness may be relevant as to the circumstances of
the AR (e.g. aggravated arson, intent to damage property and recklessness as
to whether life was endangered).
Attempting the impossible:
Legal impossibility: D’s attempt is impossible because contrary to their belief,
what they are attempting is not actually a criminal offence - not guilty. Taffee
- thought it was illegal to import currency, he was smuggling cannabis, and
believed it to be currency, the MR was for a non-existent crime so he wasn’t
guilty.
Factual impossibility: if what D attempts is a crime known to the law, but the
circumstances make it impossible to commit, D can still be guilty. Shivpuri -
believed he was dealing with a prohibited drug, turned out to be powered
vegetable matter, he was guilty as the MR was for an actual offence known to
law. Any attempt to commit an offence carries a liability if D: 1. Intended to
carry out the substantive offence. 2. Did an act that was more than merely
preparatory. 3. Even though completion was impossible.
Practice answer:
1st - stealing surfboard 2nd - ABH, throwing stone, is attempted ABH 3rd -
factual impossibility, attempted theft
Attempted offences are outlined in the Criminal Attempts Act 1981, s.1(1)
states, “if, with intent to commit an offence, a person does an act which is
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller scarlettbuckle. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
82871 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now