Attempting to Commit Offence

Question 1

What are the elements of ATTEMPTING to commit an offence? Crimes act 1961 section 72 (1)

Answer 1

Intended to commit an offence

Did or Omitted to act to achieve that end

Question 2

What three conditions must apply to be able to get a conviction for attempted committing an offence?

Answer 2

1. Intent (mens rea)
2. Act (actus reus)
3. Proximate - immediately connected to the attempted offence

Question 3

What is section 72(1) and 311(1)?

Answer 3

Telling the court you are charging with attempt and applying the attempt penalty provision.

Question 4

Explain antepenultimate, penultimate and ultimate acts in relation to proximate

Answer 4

ultimate - act necessary to affect the offence. ALWAYS PROXIMATE
Penultimate - USUALLY PROXIMATE
Antepenultimate - SOMETIMES PROXIMATE

For example, when a person removes a revolver from a pocket
intending to shoot someone, it is justifiable to intervene. Removing the
revolver from the pocket is the antepenultimate act; the penultimate act is
taking aim and the ultimate act is firing.