Attempts Flashcards
Define Attempts
Everyone, who has the intention to commit an offence, does an act or omission for the purpose of accomplishing his objective, is guilty of an attempted offence.
What are the three elements required? (Attempts)
- Actus Reas
- Means rea
- Proximity
Outline R v Harpur - acts in isolation…
Actions need not be considered in isolation, sufficient evidence of intent can be made from the offenders conduct in its entirety.
Using case law, give examples where an intended offence is physically impossible - relates ring, cannabis….
R v Ring - Hand in pocket, no ring
Police v Huggins - Cultivates cannabis that wasn’t in fact cannabis
Police V Jay - Woman acquired hedge clippings thinking it was cannabis
What was held in R v Donnelly? Relates stolen property…
Where stolen property has been returned to its rightful owner, it is not an offence to subsequently receive it, even though the receiver may have previously known it to be stolen. It was legally impossible to receive stolen property as the property was no longer stolen.
Three occasions where accused has no defence (Attempts)
- Prevent by outside agent IE Police interruptions
- Failed to complete offence to due ineptitude IE not enough explosive to blow up a safe
- Intervening event made it impossible to complete, IE stolen property no longer stolen…
In relation to attempts, outline the functions of the Judge and Jury
Judge must decide whether accused left the preparation stage and was trying to effect completion of full offence.
Jury must then decide whether facts present have been proved beyond reasonable doubt and if so, whether the defendants acts are close enough to the full offence.
