Attempts Flashcards
What is the Act and Section for Attempting to commit a crime?
Crimes Act 1961
Section 72
What three conditions must apply for an attempt conviction to succeed?
- Intent-to commit an offence
- Act-that they did or ommitted to do something to achieve that act
- Proximaty-That their act or ommission was sufficiently close
How can intent be inferred? (relevant case law)
Intent may be inferred by the act itself and admissions or confessions.
R v Ring 1892
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
What was held in R v Harpur 2010?
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.
(Several acts may constitute and attempt)
What is the test for proximity?
-Has the offender done anything more than getting himself into a position from which hje 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?
When can an act be pysically or factually impossible?
case laws
When the act in question amounts to an offence but the suspect is unable to commit it due to interuption, ineptitude or any other circumstances beyond their control.
Higgins v Police
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
Police v Jay
A man bought hedge clippings believing they were cannabis
When is an act legally impossible?
case law
When the completed act is not an offence, even if the offencer believed it was an offence.
R v Donnelly
Where stolen property has been returned to the legal owner of 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 is an attempt complete?
an attempt is complete even when the defendant changes their mind or makes a voluntary withdrawl after completing an act that is sufficiently proximate to the intended offence.
There are three circumstances where there is no defence to the offence of attempts, what are they?
When the defendant-
- was prevented by some outside agent from doing something that was nessasary to complete the offence
- failed to complete the full offence due to ineptitude, innefficiency or insufficient means.
- Was prevented from committing the offence because an intervening event made it physically impossible.
What is the function of the judge?
The judge must decide whether the accused had left the preparation stage and was already trying to effect full completion of the offence
The accused need not have taken all steps necessary towards completing the full offence, if the judge decides that the defendants actions were more than mere preperation the case goes to the jury
What is the funtion of the jury?
The jury must decide whether the facts presented by the crown have been proved beyond reasonable doubt
And
If so must next decide whether the defendants acts are close enough to the full offence
What are the three sets of charges that do not allow prosecution for an attempt?
- When the criminality depends on recklessness or negligence, ie manslaughter
- when an attempt to commit an offence is included within the definition of that offence eg assault
- when the offence is such that the act has to have been completed in order for the offence to exist at all; eg demands with menaces-it is the demand that constaitutes the offence.
If a person is charged with an attempt can that person be convicted of the full offence?
The defendant can only be convicted of the attempt
S 150 CPA 2011
What section covers punishment of an attempt?
S 311 CA1961
What are the penalties for an attempt?
- Life=10yrs
- All others=1/2 max penalty if offence had been committed.
