Attempted Arson

Question 1

Attempted Arson

Section 268 Crimes Act 1961

Answer 1

• Attempts
• To Commit Arson
• In respect of any immovable property or any vehicle, ship or aircraft

Question 2

Attempted Arson Criteria

Answer 2

There must be evidence that the offender had intent to commit the full offence. Recklessness is sufficient for arson, but it is not sufficient for attempted arson.

Question 3

Attempts

Answer 3

To be guilty of an attempt to commit an offence a person must:

• intend to commit the offence, and
• take a real and substantial step towards achieving that aim

Question 4

Attempts

Section 72 Crimes Act 1961

Answer 4

(1) 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.
(2) The question whether an act done or omitted with intent to commit in an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 5

Does or Omits An Act

Answer 5

To be guilty of an attempt the defendant must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.

In R v Harpur it was discussed that an attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

Question 6

Sufficiently Proximate

Answer 6

The court will analyse the defendants conduct at the relevant time, in conjunction with evidence of his and her intent based on the circumstances and any steps taken leading up to that point.

Question 7

R v Harpur - Sufficiently Proximate

Answer 7

[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 considered in its entirety. COnsidering how much remains to be done… is always relevant, though not determinative.

Question 8

American Penal Code Examples of ‘Attempts’

Answer 8

• Lying in wait, searching for or following the contemplated victim
• Enticing the victim to go to the scene of a contemplated crime
• Reconnoitring the scene of the contemplated crime
• Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed
• Possession, collection or fabrication of materials to be employed in the commission of the crime
• Soliciting an innocent agent to engage in conduct constituting an element of the crime.