A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun. Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him by the deceased’s estate as a result of the shooting. It is not every … Continue reading Gray v Barr: CA 1971
The defendant appealed against sentence after conviction for attempted rape. He said that the offence, being charged under the 1981 Act was not a sexual offence, and neither was it a violent one within the 1991 Act. Held: The appeal failed. Attempted rape is a sexual offence under the 1956 Act. Attempted rape was to … Continue reading Regina v Robinson: CACD 27 Nov 1992
The respondent had been subject first to a Grepe v Loam order and then to an extended civil restraint order. The court had still faced many hopeless applications. An order was now sought that any future application for permission to appeal be heard by a nominated judge, and any oter application should be heard first … Continue reading Attorney General v Perotti: Admn 10 May 2006
The defendants appealed against their convictions for the attempted exportation of heroin. The defendants said that they had acted as part of a US law enforcement action. Held: The appeal failed: ‘section 170(2) creates a self-contained statutory offence or category of offences – one being knowingly concerned in any fraudulent evasion, the other being knowingly … Continue reading Regina v Qadir, Khan: CACD 25 Jul 1997
There need not always be a clear division on the facts between acts which are merely preparatory and actual attempts under the Act: ‘The cases show that the line of demarcation between acts which are merely preparatory and acts which may amount to an attempt is not always clear or easy to recognise. There is … Continue reading Regina v Geddes: CACD 16 Jul 1996
Attempt rape offence may be have been complete before the attempt at physical penetration. Citations: Gazette 11-Nov-1992 Statutes: Criminal Attempts Act 1981 1(1) Jurisdiction: England and Wales Criminal Practice Updated: 13 September 2022; Ref: scu.77958
The defendant appealed convictions for sexual assault against four young girls. Held: The admissibility of ‘similar fact’ evidence depends upon the degree of its relevance. If only suggests propensity it is inadmissible. If it goes further and can be shown to be relevant to, and probative of, a particular issue in the case, then it … Continue reading Regina v Venn: CACD 1 Feb 2003
The claimant had been convicted of the manslaughter of his wife. He now applied for relief agsinst forfeiture of his share of her estate. He was elderly and had suffered some mental impairment after a stroke, which might have led him to misjudge his wife’s attack on him and to overreact. Held: ‘it is not … Continue reading Mack v Lockwood and Others: ChD 19 Jun 2009
The appellants appealed against a refusal to strike out as an abuse of process the respondent’s claim against them for professional negligence in the drafting of development agreements.Buxton LJ considered the nature of the enquiry on such an application: ‘The court . . has to consider, by an intense focus on the facts of the … Continue reading Taylor Walton (A Firm) v Laing: CA 15 Nov 2007
The defendant appealed against his conviction of the attempted theft of his stake from a bookmaker at a greyhound racetrack. The dog which the appellant had backed was not doing well. During the race the appellant climbed on to a fence in front of the dogs and waved his hands. He was attempting to distract … Continue reading Regina v Gulliver (orse Gullefer / Gullerfer): CACD 1990
The defendant appealed his conviction for attempting to rob a sub post office. He had been seen earlier by police lurking in the vicinity wearing a crash helmet and sunglasses. He returned after a short time, without the sunglasses but carrying an imitation gun, and also a threatening note, which he intended to pass over … Continue reading Regina v Campbell (Tony): CACD 1991
Appeal against a conviction on an indictment. Counts 1 to 4 alleged attempted theft contrary to s.1(1) of the Criminal Attempts Act 1981. These were allegations of incidents when it was said the appellant was one of two offenders who used a BMW motorcar to try and force open cash machines by towing them in … Continue reading Dunster, Regina v: CACD 13 Oct 2021
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
The defendant had been seen fleeing the area of a crime. Some days later he volunteered a statement admitting his presence in the area, but providing an innocent explanation. He did not give evidence at trial. His statement was put in by the prosecution, but the judge directed the jury that they could rely upon … Continue reading Regina v Sharp (Colin): HL 1988
The defendants, scrap metal merchants, appealed against convictions for attemption to deal in stolen metals. The court was asked as to the mental element required for criminal attempt under section 1 of the 1981. The context here was an accusation of concealing, disguising or converting criminal property contrary to s.327(l) of the 2002 Act, under … Continue reading Pace and Another v Regina: CACD 18 Feb 2014
Appeal from termination ruling – offence alleged against the respondent of arranging or facilitating the commission of a child sex offence – whether the mere request by the respondent to someone to look for a young girl of 12 or 13 with whom he could indulge in sexual activity amounts to an offence under section … Continue reading R, Regina v: CACD 16 Jan 2008
The applicant’s husband had been made the subject of a drugs confiscation order. Part of this was an order against the house. She had failed in asserting that the house was hers. Her appeal to a civil court had been disallowed as an abuse. It was held that the civil court was looking to different … Continue reading In re Norris, Application by Norris: HL 28 Jun 2001
The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception under the Criminal Attempts Act. At the time, their applications to be accorded refugee status had … Continue reading Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999
Plea of Autrefois Acquit is Narrow in Scope The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict. Held: The majority identified a narrow principle of autrefois, applicable only where the … Continue reading Connelly v Director of Public Prosecutions: HL 1964
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant. Held: The appeal was allowed, and relief against forfeiture was given. Mummery LJ said: ‘the presence of … Continue reading Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007
The defendant appealed against his conviction for attempting to drive after consuming excess alcohol. On reporting to the police that as he opened the door of his car, he had been threatened with a knife, and his car taken, it was suspected he had consumed alcohol, and he was arrested. Held: The conviction was quashed. … Continue reading Mason v Director of Public Prosecutions: Admn 15 Jul 2009
The defendant appealed by case stated from his conviction of attempting to drive a motor vehicle on a public road, having consumed alcohol in excess of the prescribed limit on the same occasion. At the time he was said to have attempted to drive, the car was no longer on a public road. The appellant … Continue reading Director of Public Prosecutions v Moore: Admn 2 Mar 2010
The defendant was found in possession of a video recorder. She refused to name the source, but admitted that she believed it to be stolen. After it became clear that there was no evidence that it was in fact stolen, she was convicted of attempting . .
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
The vessel had been taken by the authorities in Venezuela after drugs were found to have been attached to its hull by third parties. Six months later it was declared a constructive total loss. The ship owners now sought recovery of its value from . .
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Judges: Davis J Citations: [2009] EWHC 921 (Admin), [2010] 1 QB 79, [2009] 2 Cr App Rep 18, [2009] 3 WLR 1085 Links: Bailii Statutes: Criminal Attempts Act 1981 1(1) Jurisdiction: England and Wales Criminal Practice Updated: 09 December 2022; Ref: scu.346700
Appeal from sentence of a term of imprisonment of 39 months. The charge was one count of attempting to cause grievous bodily harm with intent, contrary to section 1(1) of the Criminal Attempts Act 1981. Judges: Mr Justice Fraser Citations: [2022] EWCA Crim 1209 Links: Bailii Statutes: Criminal Attempts Act 1981 1(1) Jurisdiction: England and … Continue reading Hall, Regina v: CACD 28 Jul 2022
