Term
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Definition
MERELY PREPARATORY = obtaining the gun, shortening it, loading it, putting on his disguise & going to the location
MORE THAN MERELY PREPARATORY / EMBARKING UPON THE CRIME PROPER = once he had gotten in to the car, taken out the loaded gun and pointed it at the victim with the intention of killing him
ATTAMPT CAN = INSTANCES WHERE A PERSON HAS TO TAKE SOME FURTHER STEP TO COMPLETE THE CRIME.
THE WORDS 'AN ACT WHICH IS MORE THAN MERELY PREPARATORY' WOULD BE INAPT IF THEY WERE INTENDED TO MEAN 'THE LAST ACT WHICH LAY IN HIS POWER TOWARDS THE COMMISSION OF THE OFFENCE'. |
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Term
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Definition
THE ATTEMPT BEGINS WHEN THE MERELY PREPARATORY ACTS COME TO AN END AND THE D EMBARKS UPON THE CRIME PROPER. WHEN THAT IS WILL DEPEND UPON THE FACTS OF AN PARTICULAR CASE
D placed £18 bet on a dog
dog = losing the race
D decided to void the race so he could claim his money bag
D jumped onto the track
race = stopped
D = arrested for attempted theft
HELD - D had not gone past doing an act that was merely preparatory
'In our view, it could not be said that at the stage he jumped on the track, he was in the process of committing theft. In our view, there = insufficient evidence for it to be said that when he jumped on the track, he had gone beyond mere preparation' |
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Term
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Definition
A PERSON IS BEYOND MERELY PREPARATORY WHERE THEY CAN BE DESCRIBED AS BEING 'ON THE JOB'
Merely preparatory = The def drove towards a farm, stopped a short distance away and hid some oxygen cutting equipment in a hedge.
Beyond merely preparatory = going up to the lock on the barn door and examining it to see how best to break it |
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Term
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Definition
MUST EMBARK UPON THE CRIME PROPER, NOT MERELY PREPARATORY ACTS
D hid in toilets with appropriate equipment for kidnapping someone. HELD = no attempted kidnap, he hadn't come into contact with anyone who he might kidnap etc... his acts (hiding in the toilet) were merely preparatory. |
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Definition
D = was wearing a crash helmet and gloves and carrying an imitation gun and a threatening note. He was about 1 meter from the post office door. He was arrested before he went inside
HELD - D had not gone past merely preparatory, had not embarked upon the crime proper... 'in order to effect the robbery it would have been quite impossible unless he had entered the post office, gone to the counter and made some kind of hostile act directed at whoever was behind the counter and in a position to hand him money. A number of acts remained undone.' |
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Term
| What is the mens rea for an attempt? |
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Definition
1) Intention to commit the offence (NEEDS MENS REA OF THE INTENDED OFFENCE)
2) Intention to bring about the bit of the AR that was missing |
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Term
| The mens rea for an attempted offence = 'intention to commit the offence' + 'intention to bring about the mit of the AR that was missing'. What does this mean for situations where the D would have been guilty of the full offence because of recklessness? |
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Definition
The D can still be guilty of the offence. The first bit of the MR for attempt actually = 'The D satisfies the MR for the actual offence'... therefore, D can satisfy it in terms of recklessness.
The second bit, the D MUST intend to bring about the part of the AR that is missing. |
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