Attempts Flashcards
Section and definition
S72 Crimes Act 1961
Everyone who having an intent to commit an offence, does it omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended.
What are the three elements required for an attempt conviction to succeed
Intent to commit offence (mens rea)
The act (actus reus)
Proximity - their act or omission was sufficiently close
*it much be legally possible to commit the offence
Can an attempt charge be laid for recklessness or negligence?
No, must be an attempt to commit the offence
R v Murphy: the court held it was necessary for the crown to establish an actual intent to kill, rather than another intent by which murder can occur
How can we infer intent
From the act itself and/or admissions/confessions
What was held on R v Ring?
The offender intended to steal property from the pocket of the victim. The pocket was empty.
He was still convicted of attempted theft because he had the intent to steal
What are the judge and jury’s roles with attempt
Jury - whether that intent exists or not and is the acts are close enough to the full offence
Judge - that the def had left the preparation stage and was already trying to complete full offence
What does section 72(3) outline?
That the accused must have done it omitted to do some act(s) that are sufficiently proximate to the full offence. The accused must have started to commit the full offence and have gone past the preparation stage
Give examples of acts that may constitute an attempt
Lying in wait, searching for or following victim
Enticing the victim to go to a place
Unlawfully entering a structure with tools
Possessing, collecting or fabricating materials for the commission of a crime
What was found in R v Harpur
That several acts together may constitute an offence
What must you take into consideration when determining proximity?
Fact
Degree
Common sense
Seriousness of the offence
Discuss impossibility
A person can be convicted of an offence that was physically impossible to commit but cannot be convicted of an offence that was legally impossible to commit
Discuss acts that are physically impossible to commit using case law
R v Ring: the pocket was empty when the defendant tried to steal from the victim
Higgins v Police: plants being cultivated as cannabis are not cannabis plants
Police v Jay: buying hedge clippings believing they were cannabis
*offenders could have been convicted because they acted with criminal intent
Discuss legally impossible act using case law
R v Donnelly: stolen property had already been recovered by police when the offender attempted to retrieve them. The court decided that I was legally impossible to receive the stolen goods because they were no longer deemed to be stolen because they had been returned.
When is an attempt complete?
When the defendant is sufficiently proximate to the intended offence
The defendant does not have a defence if the act was interrupted, or because of insufficient means or because an intervening event made it impossible
When can you not charge someone with attempt?
When the criminality depends on recklessness or negligence
When an attempt to commit an offence is included within the definition eg assault
