Attempts Case Law

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 property inside the pocket was present in his mind and demonstrated by his actions.

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 to cultivate such prohibited plants. Therefore, 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 (intent/physical impossibility/ guilty)

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