Attempts

Question 1

R v Ring (physically impossible)

The hustler

Answer 1

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 presented in his mind and demonstrated by his actions. The remaining elements were also satisfied.

Question 2

R v Harpur

Dirty sexo

Answer 2

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 viewed in its entirety. Considering how much remains to be done is always relevant though not determinative.

Question 3

Higgins V Police (physically impossible)

The druggy

Answer 3

Where 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.

Question 4

Police v Jay (physically impossible)

Stupid

Answer 4

A man brought hedge clippings believing they were cannabis.

Question 5

R v Donnelly (legally impossible)

Answer 5

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.

Question 6

Three elements of an attempt offence:

The following three conditions must apply for an attempt conviction to succeed:

Answer 6

1. Intent (mens Rea) -to commit an offence
2. Act (Actus Reus) -that they did, or omitted to do, something to achieve that end.
3. Proximity -that their act or omission was sufficiently close.

Question 7

Three elements of an attempt offence:

The following three conditions must apply for an attempt conviction to succeed:

Answer 7

1. Intent (mens Rea) -to commit an offence
2. Act (Actus Reus) -that they did something to achieve that end.
3. Proximity -act or omission was sufficiently close.

Question 8

Name the act and section for attempts

Answer 8

S72 CA 1961

Question 9

Function of the judge:

Answer 9

The judge must decided whether the accused had left the preparation stage and was already trying to effect completion of the full offence. If the judge decides the defendants actions were more than mere preparation, the case goes to the jury.

Question 10

What is the function of the jury:

Answer 10

The jury must then decide whether the facts presented by the crown have been proved beyond reasonable doubt and decide whether the defendants acts are close enough to the full offence

Question 11

List the three case law that relate to physically possible:

Answer 11

Police v Jay (stupid)
Higgins (druggy)v Police
R v ring (hustler)