Attempts

Question 1

Attempt

Legislation

(1) Does or Omits

Answer 1

S72 CA61

(1) 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.

Question 2

Attempt

Legislation

(2) Question whether

Answer 2

S72 CA61

(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
- Decided by a judge

Question 3

Attempt

Legislation

(3) Immediately or Proximately

Answer 3

S72 CA61

(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 4

R v Ring

Answer 4

R v Ring
(Physical impossible, legally possible)

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 by his actions. The remaining elements were also satisfied.

Question 5

Definition of Offence/Crime

Answer 5

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories within s6, Criminal Procedures Act 2011.

Question 6

R v Harpur

Conduct

Answer 6

“[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. Considering how much remains to be done … is always relevant, though not determinative.”

Question 7

Police v Jay

Answer 7

Police v Jay
(Physical impossible, legally possible)

A man bought hedge clippings believing they were cannabis

Question 8

R v Donnelly

Receiving

Answer 8

R v Donnelly
(Physically possible, legally impossible)

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.

Question 9

Higgins v Police

Answer 9

(Physical impossible, legally possible)

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 attempt to cultivate cannabis.

Question 10

Attempt complete

Answer 10

An attempt is complete even when the Defendant changes their mind or makes a voluntary withdrawal after completing an act that is sufficiently proximate to the intended offence.

No defence to:

• prevent by outside agent
• failed to complete the offence
• prevented from doing offence due to impossibility .

No such thing as attempting to attempt to commit an offence.

Question 11

Unable to charge with attempt

You are unable to charge someone with an attempt to commit an offence where:

Answer 11

• The criminality depends on recklessness or negligence eg manslaughter
• Attempt to commit an offence is included with int the definition of that offence eg assault
• The offence is such that the act has to have been completed in order for the offence to exist at all eg demanding with menace.