Attempts Flashcards
What section is attempts?
s72, Crimes Act 1961
Define legislation for attempts.
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
What constitutes an attempt?
three conditions must be met for an ‘attempt’ conviction:
- Intent (mens rea) to commit an offence.
- Act (actus reus) – that they did, or omit to do, something to achieve that end.
- Proximity – their act or omission was sufficiently close.
Define mens rea.
Latin for ‘guilty mind’. Refers to the intention or knowledge of wrongdoing.
Define actus reus.
Latin for ‘guilty act’. An action or conduct which is a constituent element of an offence.
What would be considered sufficiently proximate?
accused must have gone beyond preparation phase and must have started to commit the full offence.
Outline R v Harpur relating to attempts.
Can view all the acts conducted collectively, as opposed to independently, to infer an attempt.
What is the function of the judge?
To determine where the accused had left the preparation stage and was trying to effect full completion. If so, the case goes to jury.
What is the function of the jury?
To decide if the Crown has proved the facts presented beyond reasonable doubt and, if so, if the defendants acts are close enough to the full offence. If they find that actus reus has been established, it must also find the same in respect of mens rea i.e. the defendant intended to commit the full offence.
