Attempting to Commit an offence

Question 1

Section

Answer 1

Crimes Act 1961
Section 231 (1)(a)
= Normal Offence

Section 231 (1)(a) - Burglary
Section 72 (1) - Attempt
Section 311 (1) - Sentencing
= Attempted Offence

Question 2

Conspiracy - Ingredients and defintions

Answer 2

Crimes Act 1961, Section 310.

Conspires - Plots or plans
With any person - Must be with one or more persons
To commit any offence - The aim of the conspiracy must be to commit an offence

Question 3

Conspiracy

Answer 3

A conspiracy is simply an agreement between two or more people to commit an offence

Question 4

Attempts

Answer 4

Crimes Act 1961, Section 72(1).

Must prove the identity of the suspect that they :

• intended to commit an offence, and
• did, or omitted to do, something to achieve that end.

Question 5

Three requirements for an attempt

Answer 5

• Intent (Mens Rea)
• Act (Actus reus)
• Proximate

Question 6

How close is proximate

Answer 6

Ultimate Act - necessary to affect the offence is always proximate.
Penultimate Act - necessary to commit the offence is usually proximate.
Antepenultimate Act - necessary to commit the offence sometimes proximate, especially in serious offences where early intervention is necessary.