ATTEMPTS - Case Law

Question 1

R v DONNELLY - stolen property

Answer 1

R v DONNELLY

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 2

POLICE v JAY

Answer 2

POLICE v JAY

A man bought hedge clippings believing they were cannabis.

Question 3

R v RING - intention to steal

Answer 3

R v RING

Offender intended to steal property by putting his hand into the victims pocket. Unbeknown to him, the victim’s pocket was empty. Despite this he was successfully convicted of attempted theft due to the intent to steal the property being present.

Question 4

R v HARPUR - proximity

Answer 4

R v HARPUR

• The court may regard conduct viewed cumulatively up to the point when the conduct in question stops.
• The defendants conduct may be considered in its entirety.
• Considering how much remains to be done is always relevant, thought not determinative.

Question 5

R V HARPUR - Attempts

Answer 5

R v HARPUR

An attempt includes

• an act or omission
• or the taking of a substantial step
• in a course of conduct
• planned in the commission of the crime.