Attempted Arson

Question 1

Act and Section

Answer 1

Section 268 Crimes Act 1961

Question 2

Ingredients

Answer 2

1) Attempts
2) To commit arson
3) In respect of any immovable property, vehicle, ship or aircraft.

Question 3

Penalty

Answer 3

10 years

Question 4

To be guilty of attempted arson a person must

Answer 4

1) intent to commit an offence AND

2) take real and substantial steps towards achieving it

Question 5

Attempts legislation- 
Section 72 (1)

Answer 5

1) everyone who having an intent to commit an offence
2) does or omits and act for the purpose of accomplishing his object
3) is guilty of an attempt to commit the offence intended
4) whether in the circumstances it was possible to commit the offence or not.

Question 6

Attempts 
Section 72 (2)

Answer 6

The question whether an act done or omitted with intent to commit 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.

Question 7

Attempts 72 (3)

Answer 7

An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 8

What must the crown prove in an attempt

Answer 8

The crown must prove that the defendant intended to commit the full act of arson and acted as he or she did for the purpose of achieving that aim.

Question 9

To be guilty of an attempt the defendant must….

Answer 9

have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.

Question 10

His conduct must be ………………….to the offence

Answer 10

“sufficiently proximate”

Question 11

The defendant must have taken real and practical steps towards committing the offence, although…..

Answer 11

does not need to have taken all the necessary steps to do so.

Question 12

Acts that may be considered sufficiently proximate

Answer 12

lying in wait, searching for or following the contemplated victim
• enticing the victim to go to the scene of the 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.