Arson - Attempted S268 Flashcards
1
Q
Arson - Attempted:
Section/Penalty/Elements
A
Arson - Attempted
CA61; S268
10 years imprisonment
- Every one who
- Attempts to commit arson
- In respect of any immovable property or any vehicle, ship, or aircraft.
2
Q
Caselaw: R v Harpur
Hint, conduct conduct conduct
A
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be viewed in its entirety. Considering how much remains to be done is always relevant though not determinative
3
Q
Define Attempt
A
S72(1) CA61
Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
