Essay about The Impact Of Caa On The Law On Attempts

Essay about The Impact Of Caa On The Law On Attempts

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The CAA was intended to improve the law on attempts. The extent to which it has succeeded is open to doubt. Critically evaulate the accuracy of this statement.
An attempt is where the defendant tries to commit an offence but for some reason fails to complete it. This was seen in the case of White 1910. The defendant wanted to kill his mither in order to gain his inheritance. He attempted to do this by poisioning her drink. Before she had chance to drink it she died of a heart attack. The defendant was not liable for her murder as his act of poisoning the milk was not the cause of death. He was liable for attempt.
Attempt is defined under the Ciminal attempts act 1981 as 'if with intent to commit an offence to which this section applies, a person does an act whih is more the merely preparatory to the commission of the offence, he is uilty of attempting to commit the offence. '
An inchoate offence refers to an offence where the defendant has not actually committed a 'substative ' crime such as murder, rape, theft or burglary but has done one of three things: Made an attempt to do so, entered into a conspiracy to do so or assisted/encouraged someone else to commit a crime.
Inchoate offences allow for liability to be imposed on those who has taken some steps towards the commission of an offence. This allows the police to intervene at an early stage and make arrests before a substantive crime has occurred. This means that this has a positive effect on public safety. If a subsantive offence has been committed it can be difficult to obtain sufficent evidence that an attempt has occurred. The point in which he defendant can be regarded as having commited an attempt is something that has troubled the courts for a number of years.
Before ...

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... where the defendant intends to commit an offfence by only if certain circumstances/conditions are satified. This was seen in Husseyn. The defendent was seen loitering near a van. The police approached and the defendent ran off. He was convicted of attempting to steal sub-aqua equipment, but this conviction was quashed as he was specificly looking to steal sub-aqua equipment. The only was to insure that the defendent is found guilty is by making sure that the indictment is drafted in a certain way. The law commission propose that the definition of attempt in the CAA should be amended so that an intent to commit an offence includes a conditional attempt to commit it. If this proposal is accepted then the gap in the law will be solved. This means that people who intended to commit a crime but the indictment for it is too specifc as seen in Husseyn will be found guilty.

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