Attempting to Commit an Offence Flashcards
What are the ingredients contained in Section 72(1) that create the offence of attempting to commit an offence?
Intended to commit an offence
Did, or omitted to do, something to achieve that end
What are the penalties for someone charged with an attempt?
Life imprisonment: 10yrs imprisonment
Other penalties: Half maximum penalty
When would an attempt be physically or factually impossible? Why would the offence of attempting to commit the offence still be valid?
Attempting to shoot and kill someone and the round misfires.
Attempting to steal a wallet from a pocket, but no wallet is there.
It is still valid as the offender was trying to effect the full completion of the offence.
What do Sections 72(1) & 311(1) tell the court when they are added to the charge?
You are charging the offender with an attempt (S72) &
Referring to the attempt penalty provisions (S311)
What are some examples of other statutes that create the specific offence of attempts and that mean Section 72(1) need not be relied upon?
Attempting to pervert the course of justice
Attempted sexual violation
Attempted murder
Attempted dishonest using/dishonest taking
Attempted arson
What are the ingredients for Conspiracy to commit an offence? (Crimes Act 1961, Section 310)
Conspires
Plots of 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
What is conspiracy to commit an offence?
AN AGREEMENT between two or more people to commit any OFFENCE
What are the conditions that must apply in order for a conviction for an attempt to succeed?
Intent (mens rea)
Act (actus reus)
Proximate
Define Proximate:
The act must be immediately connected with the completed offence.
Define the three acts which determine Proximate:
Antepenultimate Act:
Removing a pistol from the pocket
Penultimate Act:
Taking aim with the pistol
Ultimate Act:
Firing the pistol
