Attempts

Question 1

Describe section 72 CA 61

Answer 1

This section defines the term atempts in relation to an offence:

Section 72 CA61
(1) Everyone who having intent to commit an offence, does or omits an act for the purpose of accomplishing thier objective, is guilty of an attempt to commit the offence intended, whether in circumstances it was possible to commit the offence or not.

(2) The question whether an act done or omitted with intent to commit an offence is or is not only in preparation for the commission of that offence, and too remote to constitute an attempt is a question of law.
(3) An act done or omitted to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence.

Question 2

List and explain the three elements to an attempted offence

Answer 2

For a conviction to succeed then three areas must be met:
1 - The intent (Mens Rea) - The intent to commit the offence

2 - The Act (Actus Reus) - They did, or omitted to do something to achieve their purpose

Question 3

List and explain the three elements to an attempted offence

Answer 3

For a conviction to succeed then three areas must be met:
1 - The intent (Mens Rea) - The intent to commit the offence

2 - The Act (Actus Reus) - They did, or omitted to do something to achieve their purpose

3 - Proximity - Their act or omission was sufficiently close to the actual offence.

Question 4

R v RING

Answer 4

In this case the offenders intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this the offender was able to be convicted of attempted theft, because they intented to steal what ever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions.

Question 5

What is Mens Rea

Answer 5

Basically mens the guilty mind and relates to the offenders intent.

Question 6

What is Actus Reus

Answer 6

The guilty act and relates to the physical actions done or omitted by the offender.

Question 7

Define the word Act

Answer 7

To take action or do something.

Question 8

Define omission

Answer 8

The action of excluding or leaving someone or something really important.

Question 9

Define omission

Answer 9

The action of excluding or leaving someone or something really important.

Question 10

Discuss the all but rule?

Answer 10

Is in relation to being sufficiently proximate. Section 72(3) relates to any act done or omiited to do something that is sufficently proximate (close) to the full offence.

Therefore the accussed must have started to commit the full offence and gone past the phase or mere preparation.

Question 11

Discuss the difference between one act in preparation and several acts in preparation to an offence

Answer 11

The single act in preparation could be viewed as mere preparation but the combination of acts could amount to the attempts of an offence

Question 12

Discuss the difference between one act in preparation and several acts in preparation to an offence

Answer 12

The single act in preparation could be viewed as mere preparation but the combination of acts could amount to the attempts of an offence

Question 13

R v Harpur

Answer 13

The court may have ragard to the conduct viewed cumulatively up to the point when the conduct in questions stops. The defendants conduct maybe viewed in its entirety. Considering how much remains to be done is always relevant.

Question 14

What is the example of R v Harpur

Answer 14

The defendant Harpur was sending text messages to a woman that were explicit of the things he would do to her 4 year old daughter. He arranged for the girl to be brought to him for the purpose, however when he turned up at the agreed time and place he found that the girl did not infact exisit and it was all part of a Polcie Sting.

Harpur was found guilty as he had the necessary mens rea, ie he went to the agreed location to fullfil his purpose, HE had the Actus Reus as he went to the agreed location. And was sufficiently proximate as he went to the agreed location where he was meant to meet with the girl.

Question 15

What is the two test proximate rule

Answer 15

1 - HAs the offender done anytjhing more than getting themselves into position from which he could embark on an actual attempt

2 - HAs the offender actually commenced execution, that is to say, has he taken steps in the actual crme itself

Question 16

What is the two test proximate rule

Answer 16

1 - HAs the offender done anytjhing more than getting themselves into position from which he could embark on an actual attempt

2 - HAs the offender actually commenced execution, that is to say, has he taken steps in the actual crme itself

Question 17

Can a person be convicted of an attempts if it is physically or factually impossible

Answer 17

A person can be convicted of attempts even if it was physically impossible. IE In R v Ring the male put his hand in the pocket to steal what was ever there but nothing was present. He still had the intent with his actions and proximity.

A person can also be convicted if they believe what they have is illegal. IE, a man buys hedge clippings believing they were cannabis, or a man cultivates plants believing they are cannabis but they are not.

The above allow Polcie to charge the person with attempts.

Question 18

Higgins v Police

Answer 18

Where plants being cultivated as cannabis are not in fact cannabis , it is physically, not legally , impossible to cultivate such prohibited plants. However it is possible to commit the offence of attempting to cultivate cannabis.

Question 19

Police v Jay

Answer 19

A man bought hedge clipping believing they were cannabis.

Question 20

When is a act legally impossible to commit

Answer 20

an example is when someone sells a plant that is legal but the offender believes that it is illegal.

Question 21

R v Donnelly

Answer 21

Where stolen property has been returned to the owenr or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.

Question 22

Explain a senario in relation to R v Donnelly

Answer 22

Stolen property was recovered by Police from a train station luggage terminal and returned to the owner. The next day the defendant went to the luggage terminal and presented a luggage ticket for that property. The person cannot be convicted on receiving or attempting to receive because at the time the property was not stolen.

Question 23

Explain a scenario in relation to R v Donnelly

Answer 23

Stolen property was recovered by Police from a train station luggage terminal and returned to the owner. The next day the defendant went to the luggage terminal and presented a luggage ticket for that property. The person cannot be convicted on receiving or attempting to receive because at the time the property was not stolen.

Question 24

When is a the offence of attempts complete

Answer 24

The offence of an attempt is complete when thwey have the necessary intent to commit the offence, they did something or omitte something to effect their purpose and where sufficiently proximate, even if they changed their mind or withdraw voluntarily.

Question 25

Discuss an attempt to commit an attempt

Answer 25

There is no such thing as an attempot to commit and attempt, if the attempt to the commit the offence is in itself an offence.

IE - Assault, the act of applying or attempting to apply force to the person of another, directly or indirectly if the person believe the person applying force can carry out their intentions

Question 26

What is the function of the judge in a attempts case

Answer 26

The judge must decide whether the defendant had left the preparation stage and was already trying to effect completion of the full offence

Question 27

What is the function of the jury in a attempts case

Answer 27

The jury must decide whether the facts presented by the crown have been proved beyond reasonable doubt and then they must decide whether the defendants acts are close enough to the full offence.

Question 28

What are the three points where someone cannot be charged with an attempts to commit and offence

Answer 28

1 - The criminality depends on recklessness or negiligence. EG manslaughter

2 - An attempt to commit the offence is included within the definition of the offence. EG assault

3 - The offence is such that the acts has to have been completed for the offence to exist at all. EG demanding with menace.

Question 29

What does S149 of the criminal procedures act 2011 mean

Answer 29

That a person that has been charged with the full offence but later found guilty of an attempts, can be convicted of an attempt.

Question 30

What does S150 of the criminal procedures act 2011 mean

Answer 30

A person who has been charged with an attempts, but the full offence is proved, the defendant can only be convicted with an attempts.

Question 31

how would you write out the charge wording for and section for burglary?

Answer 31

The attempts wording should be put at the beginning of the original charge wording:

ie: attempted to enter a building… with intent to commit an imprisonable offence….

The section should be written like S231(1) & S72 CA61.

Question 32

What are the three groups of offences that do not allow for a prosecution in respect to an attempts

Answer 32

1 - The criminality depends on recklessness or negiligence. EG manslaughter

2 - An attempt to commit the offence is included within the definition of the offence. EG assault

3 - The offence is such that the acts has to have been completed for the offence to exist at all. EG demanding with menace.

Question 33

What elements must be proved to successfully prosecute someone for attempts to commit an offence

Answer 33

• Must be able to prove the identity of the offender
• They intended to commit the offence
• They did or omitted to do something to achieve that end
• They were sufficient proximate

Question 34

What was held in the case R v Donnelly in relation to attempts

Answer 34

Where the stolen property has been returned to the owner or the legal title to any such property has been acquired by any such person, it is not an offence to subsequently receive it. even though the receiver may know that the property had previously been stolen or dishonestly obtained.

Train station locker scenario. Male maybe guilty of an attempts

Question 35

Once an offender has commited acts that are sufficiently proximate to the full offence. There are three situation that do not amount to a defence to a charge. what are they?

Answer 35

1- They were prevented by some outside agent from doing something that was necessary to complete the offence - Arrested by Polcie
2 - Failed to complete the full offence due to inefficiency of insufficient means - insufficient explosive to blow aprat a safe.
3 - Were prevented from committing the crime because an intervening event made it physically impossible - removal of property before the intended theft.