Criminal Law (Criminal Attempt) Past Paper PDF
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University of Law
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Summary
This document is a past paper for a criminal law course, likely at the undergraduate level. It covers aspects of criminal attempt, including Actus Reus (the act itself) and Mens Rea (the mental element of the crime). The paper includes case studies and legal concepts, and it appears to be from the University of Law (UOL)
Full Transcript
52 CHAPTER 10: CRIMINAL ATTEMPT 1. CRIMINAL ATTEMPT QUESTION: WHAT IS A CRIMINAL ATTEMPT? EVIDENCE: 1.1 AR: Act > preparatory(started the crime ady and only 1 step ahead) to commit a crime...
52 CHAPTER 10: CRIMINAL ATTEMPT 1. CRIMINAL ATTEMPT QUESTION: WHAT IS A CRIMINAL ATTEMPT? EVIDENCE: 1.1 AR: Act > preparatory(started the crime ady and only 1 step ahead) to commit a crime Ex 1: going around, getting or loading a gun = preparatory Ex 2: Checking, breaking into a door or pointing a gun at a V = attempt oyle v Boyle B HELD: Liable for attempted burglary -> As D had ady started the crime by damaging the door R v Jones HELD: Liable for attempted murder -> As D acted >preparatory by pointing the gun at the V R v White HELD: Liable for attempted murder -> As D did all he could to poison his mother v Campbell R HELD: X Liable for attempted robbery -> As D only walked around so / more steps to commit robbery R v Gullefer HELD: X Liable for attempted theft -> As D only got into the track to prepare -> Lord Lane: Attempt = preparation ends and D starts a crime 53 1.2 MR: Itt to commit a crime Only liable for indictable or triable either way offence(moderate srs) and X liable for summary offence Attempted theft -> itt to steal Attempted GBH -> itt to cause GBH Attempted murder -> itt to kill Attempted rape -> itt to rape 2. IMPOSSIBILITY X = DEFENCE 2.1 Def Still liable for attempt even if it is impossible to commit a crime R v Shivpuri HELD: Liable for attempted drug trafficking -> Even if it is impossible to commit as D thought that the package = drug but tried to commit the crime CONCLUSION: Criminal Attempt AR: Act > preparatory to commit a crime (R v Jones and R v White) MR: itt to commit a crime I mpossibility X = defence (R v Shivpuri)
