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Attempting to commit a crime is as serious as conspiracy to commit a crime. Discuss.

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Introduction

Attempt and Conspiracy Essay Attempting to commit a crime is as serious as conspiracy to commit a crime. Discuss. The law of attempts is governed under the Criminal Attempts Act 1981. Section 1(1) states that there must be intent to commit the offence and that they have to commit an act that is more than merely preparatory to the commission of the offence. Section 4(1) states that the offence is punishable to the same extent as the substantive offence. Conspiracy is and agreement between two or more people to commit an offence. Conspiracy was a common law offence until the passing of the Criminal Law Act 1977. The Law Commission believed that the offence should be confined to agreements to commit crimes but felt that certain areas of the law need to be discussed more fully. The law of conspiracy is now a mix of statutory law and common law. The actus reus of attempt will exist when a person or party commits and act that is more than merely preparatory to the commission of an offence. ...read more.

Middle

The police recovered a bag that belonged to the defendant which contained objects that would assist to the commission of an offence. He appealed against his first conviction but the appeal was quashed. The judge stated the purchasing the gun, shortening the barrel and driving to the school where he knew the victim would be was more than merely preparatory to the commission of the offence. In Section 1(1) states that the mental element required for the crime is an intention to bring about the offence. In Millard and Vernon 1987,the defendants were football supporters who were charged with criminal damage. They had pushed against a wooden fence at the football ground. The defendants pleaded not guilty but the prosecution said that they had done this in order to damage the offence and were convicted. The court of appeal quashed the convictions on the grounds that recklessness was not enough and that the prosecution had misdirected the jury. With the crime of murder the defendant can be found guilty of the full crime if intention to kill or to cause GBH is proven. ...read more.

Conclusion

In this case the accused had been in prison with a man called Andaloussi who was in prison for committing serious drug offences. Anderson who was previously in prison with Andaloussi agreed to take part in freeing Andaloussi by supplying him with a means of escape. Anderson showed evidence that he had never intended for the plan to work and was simply going to take the money that he was to be paid and flee to another country. Lord Bridge said that by Anderson supplying the wire he had intended for Andaloussi to escape from prison. The courts took a different approach to the case of Edwards. They said that because he did not play a part in the crime himself that he could not be charged with conspiracy. The Attorney General's Reference (No1 of 1992) 1993 decided that a defendant could be found guilty of rape without the need to show evidence of the penetration of the vagina and that the evidence of attack was enough. The lowering of this actus reus, which was also the case for attempted murder, shows that attempt is a more serious crime than conspiracy and should be dealt with more seriously. ?? ?? ?? ?? Tom Williams ...read more.

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