Attempting to Commit an Offence

Question 0

Explain Attempts Section 72(1) Crimes Act 1961

Answer 0

In each case of ATTEMPTS, YOU MUST PROVE THE IDENTITY OF THE SUSPECT AND THAT THEY:

1. Intended to commit an offence, and
2. Did or omitted to do, something to achieve that end

Question 1

What are the 3 steps to Attempting to Commit an Offence?

Answer 1

1. Conspiracy
2. Preparation
3. Attempts

Question 2

Name some other substantive offences for Attempts:

Answer 2

1. Attempting to pervert the course of justice
2. Attempted sexual violation
3. Attempted murder
4. Attempted arson

Question 3

What are the the 3 requirements for an Attempt?

Answer 3

M- mens rea (intent)

A- act (actus reus)- overt act that forms a series of acts that would constitute and offence if it was NOT INTERRUPTED.

P- proximate - not just preparatory, immediately connected with offence

Question 4

Regarding Proximate explain the 3 types of acts:

Answer 4

Ultimate act = always proximate

Penultimate act= usually proximate

Antepenultimate act= sometimes proximate

Question 5

What are the penalties for Attempt offences?

Answer 5

Half the normal offence

Question 6

Give examples of Factually impossible - legally impossible:

Answer 6

Eg. Plant material (clippings) thought to be cannibis

Attempting to steal a wallet from a bag when there is no wallet there

Attempting to shoot and kill someone and round misfires

Question 7

Explain the ingredients of Conspriacy?

Any what is the definition?

Answer 7

1. Conspires
2. With any person
3. To commit an offence

An agreement between 2 or more people to commit an offence

Question 8

What is the general rule of conspiracy?

Answer 8

It is not an offence to think about commuting an offence or to even begin preparing..
However, as soon as you begin to plan an offence with ANOTHER PERSON, offending begins.

Question 9

Explain Section 310 of the Crimes Act 1961:

Answer 9

Conspiracy

1. Conspires (plots, plans)
2. With any person (with 1 or more)
3. To commit any offence (aim of conspiracy must be to commit an offence)

Question 10

What are 3 ways of proving Conspiracy?

Answer 10

1. Admission from offenders
2. Electronic Surveillance( bugging houses and cars)
3. Undercover police

Question 11

What does preparation involve?

Answer 11

Gathering equipment and tools to assist in committing the offence.

Note: if the VENUE for this preparation is REMOTE from the intended crime scene, it is UNLIKELY A PROSECUTION would be SUCCESSFUL as prosecution may be unable to prove prima facie intention…

Question 12

What are 2 related offences to Atrempting?

Answer 12

1. Preparing to commit

2. Possession of instruments