Attempts

Question 1

what are the three elements required for an attempts conviction to succeed

Answer 1

1. intent (mens rea) to commit an offence
2. act (actus reus) that they did, or omitted to do, something to achieve at end
3. sufficiently proximate - that their actions or omissions were sufficiently close

Question 2

can an offender still be guilty of attempts if the offence is physically impossible

Answer 2

yes - R v Ring

Court convicted offender of attempted theft because the intent to steal whatever property might have been discovered inside the pocket of victim was present in his mind and demonstrated by his actions

Question 3

what is required to fulfil the actus reus element of attempts

Answer 3

• the accused must have done or omitted some acts which are sufficiently proximate to the full offence
• effectively, the accused must have started to commit the offence and gone beyond the phase of mere preparation… the “all but” rule

Question 4

R v Harpur

Answer 4

• 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

Question 5

what should you take into consideration when determining proximity

Answer 5

• must consider fact, degree, common sense and the seriousness of the offence

Question 6

Simester and Brookbanks on proximity

Answer 6

• has offender done anything more than getting himself into a position from which he could embark on an actual attempt
• has offender actually commenced execution, has he taken a step in the actual crime itself, and if yes then we can say there has been an attempt as a matter of law