Attempts Flashcards
Act and Section
Section 72 Crimes Act 1961
Penalty
Defined in 311 CA 1961 as
Not exceeding 10 years if life
And other case half the substantive
Elements
Intent (actus rea)
Act (mens rea)
Proximity- act or ommision was sufficiently close
Must know case law
R v Ring R v Harpur Higgins v Police Police v Jay R v Donnelly
R v Ring
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
R v Harpur
Proximity
Arranged to meet fictional child.
Conduct viewed up to the point the defendant stops. May also consider what remains to be done.
Higgins v Police
Physically impossible
Grew plants he believed were cannabis
Police v Jay
Physically impossible
Brought hedge clippings believing they were cannabis
R v Donnelly
Legally impossible
Suitcase returned
Stolen property returned to owner/ leagal title, cannot receive