2. Progress Test

Question 1

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

Answer 1

• When an offence involves negligence or recklessness ie manslaughter
• An attempt 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 who commits Demands with Menace.

Question 2

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

Answer 2

• The intent to commit an offence

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Question 3

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

Answer 3

It was held that stolen property that had been returned to the rightful owner but subsequently acquired is not be legally possible to be responsible for receiving meaning.

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?

Answer 4

No defence if the offender(s) were

• Prevented by some outside agent from doing something that was necessary to complete the offence: eg: interruption from police.
• failed to complete due to ineptitude, insufficiency or insufficient means eg insufficient explosive to blow apart a safe.
• were prevented from committing the offence because an intervening event made it physically impossible. eg removal of property before intended theft.