Attempted Arson

Question 1

Attempted Arson
S 268 - 10 years
Must…

Answer 1

Must INTEND to commit the full offence (as per S 267)

Must take a REAL and SUBSTANTIAL step towards achieving that aim (sufficiently proximate to full offence)

R v HARPUR

Question 2

Attempts

S 72

Answer 2

(1) Having intent to commit an offence, does or omits an act for the purpose of accomplishing his object = guilty of an attempt, whether possible to commit full offence or not.
(2) Question of law for the judge as to whether it is an attempt or is only preparation.
(3) An act may constitute an attempt if it is immediately or proximately connected with the intended offence.

Question 3

Acts that may be “sufficiently proximate”

Answer 3

CA in HARPUR referred to the American Moral Penal Code:

Lying in wait, searching for or following contemplated victim.

Enticing victim to go to scene

Reconnoitring the scene prior to crime

Unlawful entry to scene prior to

Possession, collection or fabrication of materials to be used

Soliciting an innocent agent to engage in conduct constituting an element of the crime