Attempts II

Question 1

Impossibility

Answer 1

This means a person can be convicted of an offence that was physically impossible to commit, but cannot be convicted of an offence that was legally impossible to commit.

Question 2

When an act is physically or factually impossible

Answer 2

If the act in question amounts to an offence, but the suspect is unable to commit it due to interruption, ineptitude, or any other circumstances beyond their control.
The three cases below are examples of physical impossibility as it relates to attempts.
R v Ring..
Higgins v Police…
Police v Jay…

Question 3

When an act is legally impossible

Answer 3

where the completed act would not be an offence – the suspect cannot be convicted of an attempt, even where they may have had criminal intent.

Question 4

When an attempt is complete

Answer 4

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.

Question 5

Act completed sufficiently proximate to intended offence. What are the 3 situations there is No defence.

Answer 5

Once the acts are sufficiently proximate, the defendant has no defence that they:

1. Were prevented by some outside agent from doing something that was necessary to complete the 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 offence because an intervening event made it physically impossible, eg removal of property before intended theft.

Question 6

Function of the Judge

Answer 6

The judge must decide whether the defendant had left the preparation stage and was already trying to effect completion of the full offence.

The defendant need not have taken all steps necessary towards completing the full offence. If the judge decides that the defendant’s actions were more than mere preparation, the case goes to the jury.

Question 7

Function of the Jury

Answer 7

The jury must then decide whether the facts presented by the Crown have been proved beyond reasonable doubt and, if so, must next decide whether the defendant’s acts are close enough to the full offence.

Question 8

Unable to charge with attempt

Answer 8

You are not able to charge someone with an attempt to commit an offence where:

1. The criminality depends on recklessness or negligence, eg manslaughter.
2. An attempt to commit an offence is included within the definition of that offence, eg assault.
3. The offence is such that the act has to have been completed in order for the offence to exist at all. For example, demanding with menaces: it is the demand accompanied by the menace that constitutes the offence.

Question 9

Penalties

Answer 9

Unless the penalty is expressly provided in the section,

10 years for life imprisonment or half the penalty of the full offence.

Question 10

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 10

1. Were prevented by some outside agent from doing something that was necessary to complete the 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.