Attempts

Question 0

What is needed to establish Mens Rea for an attempt charge?

Answer 0

The accused must have the intention to commit the substantive offence

Question 1

Define Attempts.

Answer 1

Attempt to commit a crime is an act done (Actus Reus) with the intent to commit that crime (Men Rea). Forming a part of series of acts which would constitute it’s actual commission if it was not interupted.

Question 2

Explain proximity in relation to the actus reus of an attempt charge. give examples.

Hint: two aspects

Bonus points - Case law for the two aspects

Answer 2

PREPARATION - acts of preparation are are NOT sufficient to prove the attempt offence. COMMER v BLOOMFIELD.

PERPETRATION: Only acts of perpetration will amount to proximity for an attempt, with the acts having no other purpose other then the commission of that specific crime. R v MAI and TRAN.

Question 3

What is impossible to charge for an attempt?

Also explain law of impossibility?

Answer 3

Any thing that does not amount to an offence.

Law of impossibility - you can still charge someone with attempting something that may have been factually impossible for them to complete. ie. Wrong drug chart or ingredients to manufacture amphetamine.