Attempts

Question 1

R v Ring

Answer 1

A person can be convicted of attempts if they have the necessary intent demonstrated by their actions and the other necessary elements of the offence have been satisfied.

Question 2

Act/section/penalty

Answer 2

S72(1) CA 1961

Question 3

What are the three conditions that must be present for an attempt condition to succeed

Answer 3

intent to commit the offence
the act committed or omitted
proximity of act or omission to intended offence

Question 4

R v Harpur

Answer 4

The court may have regard to the conduct viewed cumulatively up until the point when it stops. The conduct of the offender may be viewed in its entirety. Also considering how much remains to be done is always relevant though not a determining factor.

Question 5

Determining proximity

Answer 5

The determination of proximity will be based on individual circumstances of each case individually

Question 6

Test of proximity

Answer 6

Has the offender done anything more that getting himself into position to make an attempt
Has the offender actually commenced execution and taken a step in the crime itself

Question 7

Physically impossible

Answer 7

is when the act in question amounts to an offence but but the offender is unable to commit the act due to interruption, ineptitude or circumstances out of their control

Question 8

Legally impossible

Answer 8

Is when the act does not constitute an offence but the person committing the act has the intent and belief that it is.

Question 9

Higgins v Police

Answer 9

Where plants being cultivated as cannabis are not in fact cannabis it is physically impossible, not legally imposible to cultivate such prohibited plants. Accordinly it is possible to commit the offence of attempting to cultivate cannabis

Question 10

Police v Jay

Answer 10

A man bought hedge clippings believing they were cannabis

Question 11

R v Donnelly

Answer 11

It is not an offence to receive stolen property which has been returned to its owner or title acquired by another person even if the person receiving it knows it to have been previously stolen or dishonestly obtained.

Question 12

Function of the judge

Answer 12

must decide if the accused had left the preparation stage and was trying to effect completion of the offence

Question 13

Function of jury

Answer 13

decide whether facts presented by crown have been proved beyond reasonable doubt and if so decide whether the defendants acts are close enough to the full offence.

Question 14

Filing charges

Answer 14

If charged with full offence and only attempt proven they can be charged with attempts

If charged with attempts and full offence is proven then they can only be charged with attempts