2. Attempts to Commit an Offence - Summary Flashcards
Point 1
What must you prove in each case of attempt?
Must Know
In each case of attempt, you must prove:
− the identity of the suspect(s), and
− they intended to commit an offence, and
− they did, or omitted to do, something to achieve their object
Point 2
What conditions must be present to succeed in an attempt conviction?
Must Know
Case law has determined three conditions that must be present to succeed in an attempt conviction, these are: Intent (mens rea), Act (actus reus) and Proximity (sufficiently close).
Point 3
What must the intent of an offender to be?
Must Know
The intent of the offenders must be to commit the offence.
Point 4
When must be done to constitute an attempt?
Must Know
The defendant must have done or omitted to do some act(s) that are sufficiently proximate to the full offence and must have progressed past the point of mere preparation.
Point 5
Can acts carried out by a person be looked at collectively?
Must Know
The acts carried out by the defendant may be looked at collectively when determining proximity, but in doing so you must take into account the circumstance of each case, including: consideration of fact, degree, common sense and seriousness of the offence.
Point 6
Can a person be convicted of an attempt that is physically impossible?
Must Know
A person can be convicted of an attempt to commit an offence that was in fact physically impossible for them to commit. However it must be legally possible to commit the offence.
Point 7
When can you not prosecute a person for an attempt?
Must Know
You cannot prosecute someone for an attempt to commit an offence where:
− the criminality depends on recklessness or negligence, eg in
manslaughter an attempt to commit an offence is included within the definition of that offence; in assault ‘that he or she has, present ability to effect his or her purpose’.
− the offence is such that the ultimate act must be completed in order for the offence to exist at all, eg a person cannot attempt to demand money with menaces.
Point 8
When is an attempt complete?
Must Know
An attempt is complete when the defendant commits an act that is
sufficiently proximate to the intended offence, even if they then change their mind and voluntarily withdraw.
Point 9
Can a person charged with full offence be found guilty of an attempt?
Must Know
Where a person is charged with the full offence, but they are found guilty only of an attempt, they may be convicted of the attempt.
Point 10
What happens where a person is charged with an attempt and the evidence
Must Know
Where a person is charged with the attempt, but the evidence establishes that the defendant did in fact commit the full offence, they can only be convicted of the attempt.
