ATTEMPTS

Question 1

What are the three elements for an attempted offence?

Answer 1

ACTUS REUS
Mens REA
Proximity - that their act or omission was sufficiently close

Question 2

When proving an attempt to commit an offence what must be shown?

Answer 2

That the accused’s intention was to commit the substantive offence

Question 3

What is meant the the phrase; acts must be sufficiently proximate to the full offence

Answer 3

The accused must have done or omitted to do some act that is sufficiently proximate/close to the full offence.

THE accused must have started to commit the full offence and gone beyond the phase of MERE preparation

THE “ all but” RULE

Question 4

In acute cases victims should refrain from what until they have had a medical examination?

Answer 4

Eating/drinking

Going to the toilet - if necessary use toxicology kit to capture urine and ask the victim not to wipe

Washing/showering

Washing hands/biting finger nails

Change clothing

Smoking

Brushing teeth/rinsing mouth