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KembaraXtra-Case Law- Attempts: Geddes (1996) CA
Case Summary
Case Summary
- Defendant (D): Found in a school lavatory block with a rucksack, despite having no connection to the school.
- Rucksack Contents: Large kitchen knife, rope, masking tape.
- Additional Evidence: D's cider can found in a lavatory cubicle.
- Charge: Attempted false imprisonment.
- Outcome: Convicted by lower court.
- Held: Conviction quashed. D's actions were merely preparatory, not amounting to an attempt.
- Distinguishing Preparation vs. Attempt: The line is not clear or easy to recognize; no "rule of thumb" test.
- Case-by-Case Judgment: Each case requires an individual exercise of judgment based on the facts.
- "To ask whether the available evidence, if accepted, could show that a defendant had done an act which showed that he had actually tried to commit the offence in question, or whether he had only got ready or put himself in a position or equipped himself to do so."
- D's Intention: Little doubt regarding D's intention to commit false imprisonment.
- Preparatory Acts: D clearly made preparations and equipped himself (knife, rope, tape).
- Lack of Direct Action: D had not confronted or communicated with any pupil.
- Conclusion: His actions were "more than merely preparatory." He had not yet "actually tried to commit the offence."
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