Association Offences - Attempts

Question 1

Act, Section and elements of Attempting to commit an Offence

Answer 1

Section 72(1) Crimes Act 1961
- Intent to commit and offence
- Act - They did or omitted to do something to achieve the offence
- Proximity - Their act or omission was sufficiently close to the full offence.

Question 2

R v Ring

Answer 2

An attempt is made if the offender has the relevant intent and this is demonstrated by their actions.

Question 3

What must the accused have done for it to be considered an attempt?

Answer 3

Section 72(3) outlines the accused must have acted sufficiently proximate to the full offence. Effectively the accused must have stated the full offence and gone beyond the point of mare preparation.

Question 4

R v Harpur

Answer 4

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. How much remains to be done is always relevant but not determinative.

Question 5

Higgins v Police

Answer 5

It is possible to commit an attempted offence where it is legally possible but not physically possible. Eg mistakingly growing tomato plants, believing Cannabis is growing.

Question 6

Police v Jay

Answer 6

A man bought hedge clippings believing they were cannabis - Its physically impossible as the Cannabis does not exist however he had the relevant intent to purchase Cannabis when he paid for the grass clippings.

Question 7

Attempts - Function of the Judge and Jury

Answer 7

Judge - Decide whether the defendant had gone beyond mare preparation and was already trying to effect the completion of the full offence.

Jury - Decide whether the facts have been established beyond a reasonable doubt and that the defendant intended to commit the full offence.

Question 8

You cannot prosecture someone for an attempt to commit an offence where?

Answer 8

• Criminality depends on recklessness or negligence - eg manslaughter
• An offence where the act must be completed for the offence to exist - eg. demands menace
• An attempt to commit an offence is included within the definition - eg assault

Question 9

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

Answer 9

• They were prevented by some outside agent from doing something that was necessary to complete the offence - Eg interruption by Police.
• They failed to complete the full offence due to ineptitude, inefficiency or insufficient means - Eg Insufficient explosives to plow apart a safe.
• They were prevented from committing the crime because an intervening event made it physically impossible - Eg. Removal of the property before the intended theft.