Attempts

Question 1

Attempts

Answer 1

Section 72, Crimes Act 1961

Question 2

Three elements

Answer 2

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 3

R v Ring

Answer 3

In this case the offender’s intent was to steal property by putting his hand into the pocket of the victim. Unbeknownst 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.

Question 4

R v Harpur

Answer 4

Have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative.

Question 5

Higgins v Police

Answer 5

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 6

Police v Jay

Answer 6

A man bought hedge clippings believing they were cannabis.

Question 7

R v Donnelly

Answer 7

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 received may know that the property has previously been stolen or dishonestly obtained.

Question 8

Penalty

Answer 8

Apply section 311 Crimes Act 1961.
10 years for life (full offence)
half the max penalty for all other offences