Attempts

Question 1

Conduct towards an attempt

Answer 1

R v Harpur - The court may have regard to the conduct viewed cumulatively up to the point the conduct in question stops. The defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.

Question 2

Legally Possible, Physically Impossible (buy drugs)

Answer 2

Police v Jay - A man bought hedge clippings believing they were cannabis.

Question 3

Inferring Intent from the Act

Answer 3

R v Ring - In this case the offenders intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions.

Question 4

Legally Possible, Physically Impossible (cultivates)

Answer 4

Higgins v Police - Where plants being cultivated as cannabis are not in fact cannabis it is physically, not legally, impossible to cultivate such prohibited plants. Accordingly it is possible to commit the offence of attempting to cultivate cannabis.