Attempts

Question 1

What are the elements of an attempt?

Answer 1

Mens Rea (guilty intent)
Actus Reus (Voluntary Guilty Act)

Question 2

What is an attempt as per S344A of the Crimes Act? What is the Case Law Covering this?

Answer 2

“an attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted”
Haughton V Smith

Question 3

What is the Case Law state regarding R v MAI?

Answer 3

Impossibility is not a defence

Question 4

What is voluntary desistance?

Answer 4

Stopping the crime themselves, fear of being caught.

Question 5

What is required for Mens Rea. What is the case law regarding this?

Answer 5

The intention to complete the offence
R v Knight

Question 6

How do we prove intent?

Answer 6

Admissions and actions

Question 7

What is proximity in regards to Attempts? What is the case law for this?

Answer 7

Must be close to completing actions, not merely preparing for them
R v Stonehouse