Attempts

Question 1

R v Ring

Answer 1

“in this case the offender’s 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 his actions. The remaining elements were also satisfied.”

Question 2

R v Harpur

Answer 2

“The Court may 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.”

Question 3

Higgins v Police

Answer 3

“where plants being cultivated as cannabis are not in fact cannabis it is physically, not legally, impossible cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis.”

Question 4

Police v Jay

Answer 4

“a man bought hedge clippings believing they were cannabis.”

Question 5

R v Donnelly

Answer 5

“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 receiver may know that the property had previously been stolen or dishonestly obtained.”

The Court decided that despite Donnelly’s mens rea and actus reus, it was illegally impossible for him to receive stolen property as those goods were no longer deemed to be stolen. His conviction was set aside. An attempt to receive such stolen goods is therefore possible in fact, but impossible in law.

Question 6

What are the three groups of offences that do not allow for a prosecution in respect of an attempt?

Answer 6

You are unable to charge someone with an attempt to commit a crime where;

1. the criminality depends on recklessness or negligence ie. manslaughter
2. an attempt to commit an offence is included within the definition of that offence eg. assault
3. the crime is such that the act must be completed in order for the offence to exist at all eg. a person cannot attempt to demand money with menaces.

Question 7

What elements must be proved to successfully prosecute someone for attempting to commit an offence?

Answer 7

In each case of attempt, you must prove the identity of the suspect and that they:

1. intended to commit an offence, and
2. did, or omitted to do, something to achieve that end.

Question 8

Once an offender has committed acts that are sufficiently proximate to the full offence, there are three situations that do not amount to a defence to the charge. What are those three situations?

Answer 8

1. Were prevented by some outside agent from doing something that was necessary to complete the full offence eg. interruption from Police.
2. Failed to complete the full offence due to ineptitude, inefficiency or insufficient means eg. insufficient explosive to blow apart a safe.
3. Were prevented from committing the crime because an intervening event made it physically impossible eg. removal of property before intended theft.