2. Attempts

Question 1

3 elements of an offence

Answer 1

Intent - mens rea - commit an offence
Act - Actus rea - that they did, or omitted to do, something to achieve that end
Proximity - That their or omissions was sufficiently close

Question 2

Test for proximity - Following questions should be asked in determining the point at which an act of mere preparation may become an attempt

Answer 2

• Had the offender done anything more than getting himself into a position from which he could embark on an actual attempt
• Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 3

Proximity is a question of law

Answer 3

It is a question that is decided by the judge based on the assumption that the facts of the case are proved

Question 4

When an act is physically or factually impossible ?

Answer 4

3 physical impossibility as it relates to attempts
R v Ring

Higgins v Police: Plants being cultivated are not in fact cannabis it is physically not legally impossible to cultivate such prohibited plants.

Police v Jay - Man bought hedges clippings believe they were cannabis

Question 5

Function of Judge & Jury

Answer 5

Judge: decide whether the defendant had left the preparation stage and was already trying to effect completion of the full offence

Jury: Decide whether the facts presented by the crown have been proved beyond reasonable doubt and, if so, must next decide whether the defendant acts are close enough to the full offence

Question 6

Cases where you’re unable to charge with attempt ?

Answer 6

• The criminality depends on recklessness or negligence
• An attempt to commit an offence is included within the definition of that offence
• The offence is such that the act has to have been completed in order for the offence to exist at all