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 to the cashier as part of a demand for money. He was stopped within a yard of the post office when he was arrested. He had admitted his intention to rob.
Held: His appeal succeeded. The acts completed were still only preparatory to the offence. In directing a jury on attempt it is unnecessary to direct them with reference to the law obtaining before the 1981 Act.
Watkins LJ said: ‘In order to effect a robbery it is equally beyond doubt it would have been quite impossible unless obviously he entered the post office, gone to the counter and made some kind of hostile act -directed, of course, at whoever was behind the counter and in a position to hand him money. A number of acts remained undone and the series of acts which he had already performed – namely, making his way from his home where he commenced to ride his motor cycle on a journey to a place near a post office, dismounting from the cycle walking towards the post office door – were clearly acts which were, in the judgment of this court, indicative of mere preparation even if he was still of a mind to rob the post office, of the commission that is of the offence of robbery. If a person, in circumstances such as this, has not even gained the place where he could be in a position to carry out the offence, it is extremely unlikely that it could ever be said that he had performed an act which would properly be said to be an attempt.’
Judges:
Watkins LJ
Citations:
[1991] 93 Cr App R 350
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Mason v Director of Public Prosecutions Admn 15-Jul-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 20 May 2022; Ref: scu.384379