Attempted Arson S268

Question 1

Attempted Arson

Act / Section / Elements

Answer 1

Crimes Act 1961
Section 268
10 Years

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

Question 2

S/A - To be guilty of an attempt, a person must:

Answer 2

• Intend to commit the offence; and

- Take a real and substantial step towards achieving that aim

Question 3

Attempts

Act / Section / Elements

Answer 3

Crimes Act 1961
Section 72

1. Everyone who
2. With intent to commit an offence
3. Does or omits an act for the purpose of accomplishing his object
4. Is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 4

S/A - In attempts, his conduct must be…

Answer 4

His conduct must be sufficiently proximate to the offence. I.E He must have taken a real and substantial step towards committing it.

Question 5

CL - R v Harpur (Act or omission)

Answer 5

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

S/A - What may the court analyse when assessing proximity?

Answer 6

• Defendant’s conduct at the relevant time
• Evidence of his intent
• Steps taken leading up to that point

Question 7

CL - R v Harpur (Conduct)

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.