Attempts Flashcards
Is an attempt common law or statutory offence?
An attempt is defined by common law but is given providence by section 344A Crimes Act.
What is section 344A Crimes Act?
1) subject to this Act any person who attempts to commit any offence for which a penalty is provided under this Act shall be liable to that penalty.
2) where a person is convicted of an attempt to commit an offence and the offence concerned is a serious indictable offence the person shall be deemed to have been convicted of a serious indictable offence
What is the punishment for an attempt?
Any person who attempts to commit any offence for which a penalty is provided shall be liable to that penalty
What is an attempt?
Haughton v Smith : an attempt to commit a crime is an act done with ibtent to commit that crime and forming part of a series of acts which would constitute it’s actual commision if it were not interrupted.
What is an attempt?
Haughton v Smith : an attempt to commit a crime is an act done with ibtent to commit that crime and forming part of a series of acts which would constitute it’s actual commision if it were not interrupted.
What are the two elements for an attempt
- Mens rea (guilty mind)
2. Actus reus ( voluntary guilty act.
What means rea is required for an attempt?
Cases of whybrow, Mohan and knight provide that the offence with which the defendant is charged must be one of specific intent.
Cant be convicted where the mens rea alleged is recklessness or negligence.
Are crimes of specific intent limited to s428C crimes act?
No. Not an exhaustive list
Does the equovocally theory of proximity apply?
No it is debunked.
What is the test for establishing actus reus for attempt?
DPP v Stonehouse. Sufficiently proximate test.
Acts which are merely prepatory to the commission of the offence are not sufficiently proximate to constitute an attempt. Need to do all physical acts ans nothing left for them to do but avoid detection or commkt the act.
What is the authoritt of r v Williams?
Defendant does an act ehich is a step towards the commission of the specific crime and that act cannot reasonably be regarded as having any other purpose thab the commission of that soecicic crime. No ambiguity/no other possible scenario.
Is impossibility of achievement a defence to an attempt?
R v Mau and anor adopted the victorian decision of britten v apologut which held that impossibility is no longer available as a defence to a charge of attempt.
What if the defendant changed his mind and no longer intended to commit the offence?
R v Page: test is wherher the proximity test was passed during the rime the defendant had the requiste mens rea and before he desisted from the attempt.
Do alternative verdict provisions apply for attempts?
Yes section 162 Criminal Procedure act: provides that when on trial for an offence the jury is not satisfied that the person committed the offence but they are satisfied that they attempted to commit the offence then they can be found guilty of the attempt.
HOWEVER s 45 criminal procedure act: limits the application offences being dealt with on indictment and not summarily. There is no common law principle permitting alternative verdicts in summary proceedings.
