Attempts Flashcards
Name the section and act?
What is he penalty?
S. 72(1), CA 61
10yrs imprisonment or half the penalty if under 10yrs
When is the offence complete?
An attempt is complete when the defendant changes their mind or makes a voluntary withdrawal after completing an act that is sufficiently proximate to the intended offence.
List the ingredients for Attempts
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
Prosecution must prove:
- INTENT to commit offence
- ACT that they did or omitted to do
- PROXIMITY that their act or omission was sufficiently close
What is the function of the judge and jury when deciding on convicting the accused?
JUDGE decides whether the accused had left the preparation stage and was already trying to effect the completion of the full offence.
JURY decides whether the accused’s acts are close enough to the full offence
Name the 3 case laws for “When an act is physically or factually impossible”
“Offender put hand in pocket with intent to steal but pocket was empty”
R v Ring
“Where plants being cultivated as cannabis were not in fact cannabis”
Higgins v Police
“A man purchased hedge clippings believing it was cannabis”
Police v Jay
What is the case law for “When the act of attempt is legally impossible”
R v Donnelly
Stolen property has been returned to the owner of 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 knows that the property has been stolen or obtained dishonestly,
It was legally impossible for him to receive stolen property as those goods were no longer stolen
