2. Attempts to Commit an Offence - Progress test 2

Question 1

What are three groups of offences that do not allow for a prosecution in respect of an
attempt?

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Answer 1

You are not able to charge someone with an attempt to commit a crime where:
* The criminality depends on recklessness or negligence; ie manslaughter.
* An attempt to commit an offence is included within the definition of that offence, eg
assault.
* The crime is such that the act must be completed in order for the offence to exist at all, eg
person cannot attempt to demand money with menaces.

Question 2

What elements must be proved to successfully prosecute someone for attempting to commit
an offence?

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Answer 2

In each case of attempt, you must prove the identity of the suspect and that they:
* intended to commit an offence, and
* did, or omitted to do, something to achieve that end.

Question 3

What was held in the case or R v Donnelly in relation to attempts?

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Answer 3

In Donnelly it was held that: Where stolen property has been returned to the owner or legal
title to any such property has been acquired by any person, it is not an offence to
subsequently receive it, even though the receiver may know that the property had previously
been stolen or dishonestly obtained .

The court decided that despite Donnelly’s mens rea and actus reus, it was legally impossible
for him to receive stolen property as those goods were no longer deemed to be stolen. His
conviction was set aside. An attempt to receive such stolen goods is therefore possible in
fact, but impossible in law.

Question 4

Once an offender has committed acts that are sufficiently proximate to the full offence, there are three situations that do not amount to a defence to the charge. What are those three situations?

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Answer 4

The three ‘defences’ that an offender has no recourse to once they have committed acts that are sufficiently proximate to the full offence are that they:
* Were prevented by some outside agent from doing something that was necessary to
complete the offence, eg interruption from police.
* Failed to complete the full offence due to ineptitude, inefficiency or insufficient means,
eg insufficient explosive to blow apart a safe.
* Were prevented from committing the crime because an intervening event made it
physically impossible, eg removal of property before intended theft.