Attempts Flashcards
Name the three conditions that must apply for an attempt commission to succeed
- intent (mens Rea) to commit the offence
- act (actus reus) that they did, or omitted to do, something to achieve that end
- proximity - that their act or omission was sufficiently close
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. The remaining elements were also satisfied.
R V HARPUR
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.
The test for proximity
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? Or
- Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
R V DONNELLY
legally impossible act
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.
When an attempt is complete
An attempt is complete even when the defendant changes their mind or makes a voluntary withdrawal after completing an act that is sufficiently proximate to the intended offence.
Function of the judge and jury
The judge decides if offence past the preparation stage and passes it on to jury.
If the jury find the actus Rea present it must also find the same in respect of the mens Rea.
