Attempts

Question 1

The legislation - Attempts to commit an Offence

Answer 1

Section 72(1) Crimes Act 1961

Question 2

Elements

Answer 2

Having an intent to commit an offence,
Does or omits an act for the purpose of accomplishing his object,
Is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 3

S/A What constitutes an attempt to commit an offence?

Answer 3

• Lying in wait. Searching for or following the contemplated victim.
• Enticing the victim to go to the scene of the contemplated crime.
• Scoping the scene of the contemplated crime.
• Getting an innocent agent to engage in conduct constituting an element of the intended crime.
• Collecting, possessing or fabricating materials to be used in the commission of the crime.
• Unlawfully entering a structure, vehicle or enclosure contemplated to be the crime scene

Question 4

R V Ring

Answer 4

The offender’s intent was to steal property by putting his hand into the pocket of the victim. The offender didnt know the pocket was empty. Regardless, he was able to be convicted of attempted theft, because the intent to steal whatever property might have been inside the pocket was present in his mind and demonstrated by his actions.

Question 5

R V Harpur

Answer 5

The Court may have regard to conduct viewed cumulatively up to the point when the conduct in question stops. The defendant’s conduct may be considered in its entirety. How much remains to be done is always relevant, though not determinative.

Question 6

Higgens vs Police

Answer 6

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

Question 7

Police v Jay

Answer 7

A man bought hedge clippings believing they were cannabis.

Question 8

• Section 72(1) - Ingredients of attempts

Answer 8

• Everyone who
• Having an intent to commit an offence
• Does or omits an act
• For the purpose of accomplishing his OR her object
• Is guilty of an attempt to commit the offence intended
• Whether in the circumstances it was possible to commit the offence or not

Question 9

• Three necessary elements required in order to prove an attempt

Answer 9

1. Intent (mens rea) – to commit an offence
2. Act (Actus reus) – that they did, or omitted to do, something to achieve that end
3. Proximity – that their act or omission was sufficiently done

Suspect must satisfy all 3 conditions at a minimum to constitute an attempt.

Question 10

Intent must be established

Answer 10

When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence.

Question 11

(S/A) Three groups of offences that do not allow for a prosecution in respect of an attempt

Answer 11

• Where criminality depends on recklessness or negligence (manslaughter)
• An attempt to commit an offence is included within the definition of that offence (assault)
• The act of the crime must be completed in order for the offence to exist at all. (demands with menace)