Attempts Flashcards

1
Q

Act and Section

A

Section 72 Crimes Act 1961

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2
Q

Penalty

A

Defined in 311 CA 1961 as
Not exceeding 10 years if life
And other case half the substantive

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3
Q

Elements

A

Intent (actus rea)
Act (mens rea)
Proximity- act or ommision was sufficiently close

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4
Q

Must know case law

A
R v Ring
R v Harpur
Higgins v Police
Police v Jay
R v Donnelly
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5
Q

R v Ring

A

Pickpocket put hand in pocket. Victim unable to be located, was convicted of attempts as intent was to steal what might or might not have been present. Inferred by his actions

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6
Q

R v Harpur

A

Proximity
Arranged to meet fictional child.
Conduct viewed up to the point the defendant stops. May also consider what remains to be done.

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7
Q

Higgins v Police

A

Physically impossible

Grew plants he believed were cannabis

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8
Q

Police v Jay

A

Physically impossible

Brought hedge clippings believing they were cannabis

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9
Q

R v Donnelly

A

Legally impossible
Suitcase returned
Stolen property returned to owner/ leagal title, cannot receive

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