attempt cases

Question 1

R V khan - MR

Answer 1

attempted rape, the mr was the same for the full offence
-intend to have sex
- knowldge or recklessness to absnece of consnet
in cases where there is a additon mr requirement, full act and attmept are the same

Question 2

r v harpur

Answer 2

d went to a loctaion where he thought there would be 2 chilren victies wiating based on text relo he had with someone but polcie were waitin and had planned the whole thing
d was lying in wait for victum and thus his actions along side clear intent were an attempt
STRONG EVIDNECE OF INENT importnatv

Question 3

r v johnson

Answer 3

d found in a backyard metres from a girls sleeput, wearing dark clothing and watching prop for sometime, d was charged for sexual violtaion but he claimed he was there for burglary
court upheld harpur, called on propensity (natural tendency or inclination to behave in a certain way) to indicate he did intend to sexually assualt victim

Question 4

taia v police

Answer 4

d was slumped at wheel of a van, engine running with headlights and wipers on but no seatbelt , claimed he was sitting there to warm up
HCJ concluded thatit was innapropriate for the DCJ to read infernces against d

Question 5

r v donelley

Answer 5

est the 6 categories of imposisbilty

Question 6

what are the liable categories of donelly

Answer 6

2. d chnages mind after proximate act
3. stopped by outside agent
4. fails due to incapabilty ( imposs of means)
5. finds it imposs to commit the offence no matter what means ( fact imposs)

Question 7

what are the non laible categories for donelley

Answer 7

1. d changes his mind b4 the proximate act
2. D’s conduct doenst amount to an offence despite his beilf ( legal imposs)

Question 8

r v nicholls

Answer 8

d bf on the run from polcie, n messaged him that polcie were after him, by the tim etxt sent he has laready been ciaght
she was still liable for ATTEMPTING to be an accessory after the fact as it was a case for factual impossibility CL 4 OF DONNELYY

Question 9

r v barlow

Answer 9

b called someon and said he wnated to find someone to help him kill parnets, the prosn was actually the police, b met with cop and provided info but didnt end up paying
DONNELY 3 AND 4 - STILL LIABLE

Question 10

Polcie v jay

Answer 10

defendant was charged with reciving narcotics but it was grass
no laible for the full offnces but still attempt, catergoy 5 factual imposs