Attempting to commit an offence

Question 1

What does CONSPIRACY mean?

Answer 1

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 2

In each case of attempt you must prove?

Answer 2

The ID of the suspect

AND that they intended to commit an offence

AND did, or omitted to do, something to achieve that end

Question 3

The conditions that must apply in order for a conviction to attempt to succeed are?

Answer 3

Intent (mens rea) - Intention to do the act

Act (actus reus) – an overt act that would result in the offence being committed if offender was not interrupted.

Proximity – act must be immediately connected with the completed offence

Question 4

What is the Antepenultimate Act?

Answer 4

Antepenultimate Act – Necessary to commit the act – Removing a pistol from your pocket

Question 5

What is the Penultimate Act?

Answer 5

Penultimate Act – Necessary to commit the act – Taking aim with the pistol

Question 6

What is the Ultimate Act?

Answer 6

Ultimate Act – Necessary to affect the act – Firing the pistol

Question 7

Where doe the penalties for Attempts come from?

Answer 7

Penalty for attempts comes from Section 311

Half the amount of the orginial penailty

Question 8

What is meant my the offence is Factual or Physical impossible?

Answer 8

Factual/physical It is impossible to commit an offence if there is no defence. You cannot attempt to steel something if it is not there in the first place.