• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

In order to secure a conviction for an attempted crime the accused must be proved to have done an act which is "more than merely preparatory" to the intended offence. How satisfactory has this definition proved to be?

Extracts from this document...

Introduction

A2 LAW - INCHOATE OFFENCES In order to secure a conviction for an attempted crime the accused must be proved to have done an act which is "more than merely preparatory" to the intended offence. How satisfactory has this definition proved to be? Inchoate offences are incomplete offences. The parties involved may have desired that a crime should go ahead, but circumstances beyond their control prevented this. Even though the crime did not go ahead, the law still takes the view that the people involved in these activities should be punished. These offences include attempts, conspiracy and incitement. Under the 1981 Criminal Attempts Act the actus reus of attempt will exist where the party 'does an act which is more than merely preparatory to the commission of the offence". Criminal intention is said to have progressed when the person does something that is substantial and with a closer connection to the crime in question. In Gullefer (1990) the defendant (D) placed a bet on a greyhound in a race. ...read more.

Middle

In attempting to do the impossible, the D can be convicted in both the practical and theoretical sense even though there is an absence of the actus reus. In Anderton v Ryan (1985) the D had received a videocassette believing it to be stolen. She was therefore charged with attempted handling although the object was not stolen. However, a year later in R v Shivpuri (1987) D was convicted of an attempt to be knowingly dealing with and harbouring a prohibited drug. Shivpuri admitted that he thought that the substance in his possession was a drug but on investigation, it turned out to be a harmless substance. His conviction was quashed on the grounds that the complete offence was impossible. A Law Commission report, which preceded the Criminal Attempts Act, considered the desirability of striking a balance between the protection of the public from the social danger caused by the contemplation of a crime and the individual freedom to think or even fantasise. A person ought not be punished for merely contemplating the commission of the offence. ...read more.

Conclusion

fact for the jury in each case to consider, using principles of common sense and that the older common law principles would not normally need to be considered in order for a jury to come to a conclusion about this. An ordinary juror may also find it difficult to determine when an attempt is said to have occurred, without some further guidance from the trial judge. This may lead to jury nobbling. This is where the jury is forced by the trial judge, the media etc into arriving at a particular verdict. As a result of this, the conviction may be quashed. In such cases as Campbell should the police wait until the victims' lives are put at risk before intervening? It might be too late for that! There are difficulties in defining at what precise point an attempt can be said to have occurred. Unless this is more clearly dealt with, the police will find it very hard to know when to arrest someone and when to wait until they have acted beyond mere preparation. This was the problem in Campbell. Kikelomo Akinyosoye ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. The Law Relating to Negotiable Instruments

    payer bank can become liable to its customer for damages proximately caused by its wrongful dishonor of overdrafts. The customer's agreement with the bank includes a general obligation to keep sufficient money on deposit to cover all checks written. The customer is liable to the payee or to the holder

  2. Critically evaluate the changes which have been made since 1990 to the definition of ...

    initial act of penetration is done with consent and without fault, the continuation by the man does not amount to the act of penetration; and if the withdrawal of consent by the woman turns consensual conduct to a criminal offence how quickly does the man have to withdraw in order

  1. The Inchoate (Incomplete) Offences - Essay Notes

    each D will be liable for conspiracy to commit only those crimes which he knows about & you don't need to know your conspirators Who can conspire - At least two people except where one is a spouse or aged under ten or intended victim - S2 CLA 1977 Impossibility

  2. Using actual situations describe the elements of actus

    This also has the advantage that the defence does not have to reveal its case. The case will then be listed for a trial date in the Crown Court. The defendant remains on bail or remanded in custody. If the case is particularly complex, or if there is a question

  1. Examine the effects of this Act and its sister enactments, in order to determine ...

    In the instant case, as the wife has no desire to have the original transfer avoided, there was no other person entitled to do so. This basically means that any conveyance not complying to section 3 (1) can only be found to be void at the instigation of the spouse.

  2. What is an indictable offence and how is it brought to trial?

    the fault is minor the court can amend the indictment so that the trial can proceed. > He may plead not guilty, which does not necessarily assert innocence but challenges the prosecution to prove its case. This is also the appropriate plea if he admits the facts but claims some justification such as self-defence.

  1. The common law offence of Murder has witnessed a complicated development in its definition ...

    Firstly, direct intention whereby a defendant purposely undertakes to kill, or cause GBH, to the victim; or secondly, oblique intention where a defendant's state of mind is such as to realise the virtually certain consequences of their actions6. Direct intention, in most circumstances, is straight forward to find, in that there will be evidence, through behaviour or admittance e.g.

  2. Law and order in the American west.

    The miners received an income of $ 20 a day, which was not enough to buy what they needed because the merchants were charging 'sky-high prices' for the food like flours which was selling at $11 per pound and New England ram at $5 per pound.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work