Attempted arson

Question 1

Attempted Arson

Act Section Penalty

Answer 1

Section 268 CA61

P: 10 years

Question 2

Ingredients

Answer 2

• Attempts to commit ARSON

- In respect of IP, V, S or A

Question 3

Proof of attempt

Answer 3

Must prove that:

– Defendant intended to commit the offence and Acted
as they did for the purpose of achieving that Aim

– Must have progressed past the stage of preparation and
commence the process intended
to lead to the commission of the full offence.

– the conduct must be
sufficiently proximate to the offence,

taking a real and substantial step
towards achieving that aim

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

Question 4

ATTEMPT legislation

Answer 4

Section 72 CA61

(1) everyone who,
having an intent to commit an offence,
does or omits an act

for the purpose of accomplishing his object,
is guilty of an intent to commit the offence intended,

whether in the circumstances it was
possible to commit the offence or not

Question 5

To be GUILTY of an ATTEMPTED, the defendant must have….

Answer 5

• Progressed past the stage of PREPARATION

and commenced a process
intended to lead to the

commission of the full offence.

• Taken REAL and PRACTICABLE steps.

Question 6

Case Law - R v HARPUR

Answer 6

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 7

Attempted Arson S.268 must prove identity and …

Answer 7

• Attempted to commit Arson
• Attempted ARSON in respect of IP, V, S, and A

Prove INTENT