Attempts

Question 1

Attempt

Answer 1

S72 CA 1961

An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence.

Question 2

Three conditions that must apply

Answer 2

Intent (mens)
Act (actus)
Proximity with the intended offence.

Question 3

R v Ring

Answer 3

Offenders intent was to steal something from someone’s pocket, however, the property was never there. Despite this they were still charged with attempted that because there was intent to steal and the remaining elements were satisfied.

Question 4

Omission

Answer 4

The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation. Such as a doctor deliberately not administering critical medication.

Question 5

R v Harpur

Answer 5

Independent acts when viewed in isolation can be construed as preparatory. When the same acts are viewed collectively, they take on a different context and therefore amount to criminal attempt.

Question 6

R v Donnelly

Answer 6

Where it is legally impossible, someone cant be convicted. Such as attempting to purchase stolen property which has already been returned to the owner. There is actus and mens rea but impossible in law.

Question 7

Situations unable to charge with attempt

Answer 7

The criminality depends on the recklessness or negligence. (manslaughter)
An attempt to commit an offence is included within the definition of that offence (assault)
An offence where the act has to be committed for the offence to exist (demands with menace)