KembaraXtra- Case Law - Attempted Murder: Jones (1990) CA

Case Summary

• Defendant (D): Purchased and modified a shotgun (sawed off barrel, test-fired).
• Incident: D entered F's car, directed F to a secluded location, then produced the modified shotgun and pointed it at F.
• Key Detail: The safety catch on the shotgun was engaged.
• Outcome: F disarmed D by throwing the gun out the window and escaped.

Legal Principle: "More Than Merely Preparatory"

The court's decision in Jones (1990) clarifies the standard for determining whether an act constitutes an attempt, moving beyond mere preparation.

Key Holdings

• Not Last Act: "More than merely preparatory" does not require the defendant to have committed the absolute last act within their power to complete the offense.
• Proximity Required: There must be a sufficient proximity to the commission of the substantive offense.
• Remaining Acts Permissible: It is acceptable for some acts to still be left unperformed before the substantive offense could be completed.

Application to Jones (1990)

Despite the following acts remaining undone, D's actions were deemed "more than merely preparatory":

• Removing the gun's safety catch.
• Placing a finger on the trigger.
• Pulling the trigger.

Conclusion: D was correctly convicted of attempted murder due to the sufficiency of his performed acts.