Attempting to commit an offence

Question 1

Attempts

Answer 1

A person is GUILTY OF ATTEMPT if they have the INTENT and do an act, or OMIT an ACT, to accomplish their objective

Question 2

Section 311, C.A 1961

Answer 2

Is where the PENALTIES FOR ATTEMPTS are found

Question 3

SUBSTANTIVE offence penalty

Answer 3

Life IMP or Other penalties

i.e Burglary - 10yrs

Question 4

ATTEMPTS penalty

Answer 4

10 yrs IMP = half max penalty

i.e Attempted burglary 5yrs

Question 5

3 requirements for an attempt

Answer 5

1-Intent (mens rea) 2-Act (actus reus) 3-Proximate

Question 6

EXAMPLES OF OTHER STATUTES that create the specific offence of attempts and that S.72(1) NEED NOT BE RELIED UPON

Answer 6

Attempting to pervert the course of justice, attempted sexual violation, attempted murder, attempted dishonest using/dishonest taking, attempted arson

Question 7

“NOTE” regarding SOA 1081, S.72(1) and S.311 (1)

Answer 7

Tells the court that you are charging the offender with an attempt (S.72) and penalty provisions (S.311)

Question 8

C.A 1961, S.72 (1)

Answer 8

• Conspires=plans/plots,
• with any person=must be with 1 or more
• to commit any offence=the aim of the conspiracy must be to commit an offence

Question 9

Conspiracy…

Answer 9

Means an AGREEMENT between 2 or more people to commit any OFFENCE

Question 10

Proving conspiracy…

Answer 10

• Admissions from the offender
• Electronic surveillance
• undercover police officers

Question 11

Ultimate act (shoot you)

Answer 11

Necessary to commit an offence is usually proximate

Question 12

Penultimate act (aim the gun at you)

Answer 12

Necessary to commit an offence is usually proximate

Question 13

Antepenultimate act (draw gun)

Answer 13

Necessary to commit an offence is sometimes proximate, especially in serious offences where early intervention is necessary

Question 14

Proximate…

Answer 14

Sometimes an offender INTENDS TO COMMIT AN OFFENCE but it is PHYSICALLY or FACTUALLY impossible to commit it