Attempts

Question 1

What section Act and section is “Attempts”

Answer 1

Section 72, Crimes Act 1961

Question 2

What are the 3 elements must apply for an ‘attempt’ conviction to succeed

Answer 2

1 Intent ( Mens rea) - to commit an offence
2 Act (Actus reus) - that they did or omitted to do, something to achieve that end
3 Proximity - that their act or omission was sufficiently close.
4 Legally possible

Question 3

The test of proximity

Answer 3

1 has the offender done anything more than getting into a position

2 has the offender actually commenced execution; that is to say has he taken step in the actual crime itself

Question 4

R v Ring (physically or factually impossible)

Answer 4

The offender intended to steal something from the victims pocket, unbeknown to him the pocket was empty however he was held to to be liable for the attempts

Question 5

R v Harpur (Proximaty)

Answer 5

The court may have regarded for the conducted viewed cumulatively up to the point when the conduct in question stops, the defendant conduct maybe considered in it entirety, considering what remains to be done is always relevant but not determinative (several act together my constitute an attempt)

Question 6

Higgins v Police (physically or factually impossible)

Answer 6

Where plants are being cultivated as cannabis but are not in fact cannabis it is physically, not legal, impossible to cultivate prohibited plates,
it is possible to commit an offence of attempts

Question 7

Police v Jay (physically or factually impossible)

Answer 7

A man bought hedge clipping believing they were cannabis

Question 8

R v Donnelly (legally impossible act)

Answer 8

Where property is returned to the rightful owner (by Police) or legal title to any such property has been acquired by any person it is not an offence to subsequently receive it even though the receiver had known the property had been previously stolen

Question 9

What is the function of the Judge and Jury

Answer 9

• If the judge decided that the defendants was more then mere preparation the case goes to jury,
• The jury must then decided whether the fact presented are proven beyond reasonable doubt,
• whether the action are close enough to the actual offence.

Question 10

When are you unable to charge with attempts

Answer 10

• When it is reckless and negligent eg manslaughter
• When there is already a specific offence, eg assault
• The act is such that it has to be completed, eg demands with menace

Question 11

Definition of Section 72(1)

Answer 11

everyone who,having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence, whether it was possible to commit the offence or not.