ATTEMPTS Flashcards
Definition of attempts Section 72 (1)crimes act 1961
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 intended, whether in the circumstances it was possible to commit the offence or not.
Three elements of an attempt to offence
- intent (mens rea) – to commit an offence
- act (actus reus) – that they did, or omitted to do, something to achieve that end
- proximity – that the act or omission was sufficiently close
Caselaw
Attempts
R v Ring (The accused was seen to hustle some women on a railway platform he put his hand in the pocket of one of them. The woman could not be located to give evidence hence there was no evidence that anything in her pocket was stolen).
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 of been discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.
Caselaw
R v Harper
In a sex case the defendant was involved in a series of text messages with a woman in which he described sexual acts that he wants to perform on the woman’s four-year-old nice. He arranged for the girl to be brought to him for that purpose however when he turned up at the agreed time and place he found that the girl did not in fact exist, and the arrangements were part of a sting operation by police. Harpur it was charged with attempted sexual violation on the mythical girl, as well as numerous sexual offences relating to other children.
The court may have regard to the conduct viewed up to the point when the conduct in question stops. The defendants conduct may be considered in it’s entirety. Considering how much more remains to be done is always relevant, although not determinative.
Caselaw
Higgins v police
Regarding cannabis cultivation
When 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.
Caselaw
Police v Jay
When an act is physically or factually impossible
A man bought hedge clippings believing they were cannabis.
Can be convicted of an attempt to because they acted with criminal intent.
Caselaw
R v Donnelly
The case of the suitcase containing stolen goods from a Burglary y which was located by police at the luggage office of railway station. Police recovered the property and returned it to the owner. Donnelly arrived later, presented a luggage ticket and asked for the suitcase. He was a originally charged with receiving stolen property but was convicted of an attempt. This was appealed.
Where stolen property has been returned to the owner 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 may know that the property had previously been stolen or dishonestly obtained
Note: an attempt to receive such stolen goods is therefore possible in fact but impossible in law.
And example of filing an attempt charge
Attempted to enter the building, namely (), without authority and with intent to commit an imprisonable offence in that building.
Crimes act 1961 section 231 (1) and crimes act 1961 s72
Section 72 showing the attempt
A question of fact
Whether that intent exists or not is a question of fact; a question that the jury decides
Function of the judge and jury In attempt, trials
The judge must decide whether the accused had left the preparation stage and was already trying to effect the completion of the Full offence.
Jury must then decide whether the facts presented by the crown have been proved beyond reasonable doubt and if so must next decide whether the defendant’s acts are close enough to the full offence.
When you are unable to charge someone with an attempt
(1) the criminality depends on recklessness or negligence e.g. manslaughter
(2) and attempt to commit an offence is included within the definition of that offence e.g. assault
(3) the offence is such that the act has to have been completed in order for the offence to exist at all. For example,demanding with menaces ; that constitutes the offence
