Attempts

Question 1

What is an attempt?

Answer 1

• An attempt to commit a crime is an ACT DONE (Actus Reus),
• With the INTENT TO COMMIT THAT CRIME (Mens Rea),
• Which forms part of a SERIES OF ACTS which would constitute its actual commission if it were not interrupted.

Question 2

What is the mens rea for an attempt?

Answer 2

The accused must have the mens rea to commit the SUBSTANTIVE OFFENCE.

For prosecution regarding an attempt offence to succeed, the offence with which the defendant is charge must be a CRIME OF SPECIFIC INTENT.

Note: Lesser intent such as recklessness or negligence will not suffice. There must be evidence converting the fact the accused had intention to complete the substantive offence.

Question 3

With reference to R -V- EAGLETON, what is the actus reus required for an attempt?

Answer 3

” R -V- EAGLETON: “Acts remotely leading towards the commission of the offence are not to be considered as attempts to commit it, but acts immediately connected with it are.”

Question 4

Summarise the EAGLTON case?

Answer 4

The acts comprising an attempt must be PROXIMATE with the offence. If the accused was not interrupted they would have committed the offence. On the THRESHOLD OF COMMITTING THE OFFENCE.

Question 5

What are the two aspects you need to consider whether you have established proximity for an attempt?

Answer 5

-Is there act of PREPARATION? Acts of preparation by themselves are NOT ENOUGH
(PRE-PAR-ATION)

-Is there an act of PERPETRATION? - Only acts of prepetration will amount to proximity required for an attempt, these acts cannot reasonably be regarded as having any other purpose than the commission of that specific crime.
(PER-PET-RATION)

Question 6

Can you charge if something is impossible to attempt?

Answer 6

Yes.

• But, it must amount to an offence at law.
• You can charge for something that is factual impossible but the mens rea was still to commit an offence at law.

Question 7

What are the 6 stages in the Timeline for a Crime?

Answer 7

1) Plan
2) Incitement
3) Conspiracy
4) Attempt
5) Commit offence
6) Conceal offence

Question 8

What are the 6 explanations for each stage of the Timeline for a Crime? (Not each stage, but their explanations).

Answer 8

1) An individual who merely thinks about committing an offence has not commit a crime as no actus reus has occured. (PLAN)
2) An individual who approaches another and suggests committing an offence may be guilty of common law or statutory incitement. (INCITEMENT)
3) If both parties (2 or more) then agree to commit an unlawful act, in which all intended to participate then they maybe guilty of a conspiracy. (CONSPIRACY)
4) If the individual or other participants in the conspiracy then carry out unlawful acts which are close to committing the crime in its entirety then they or the individual maybe guilty of an attempt. (ATTEMPT)
5) When all elements of the actual offence are committed by the parties (Or an individual) it will move from being an attempt to the commission of the complete crime. (COMMIT OFFENCE)
6) Post even acts may also constitute a crime. (CONCEAL OFFENCE)