Attempts s72(1) C.A. 1961

Question 1

Name 3 elements that must be present at bare minimum to constitute as an attempt

Answer 1

1. Intent (Mens Rea) guilty mind - knows that it is wrong doing
2. Act (Actus Reus)
3. Proximity

Question 2

Name a requirement for ‘Intent’ in s72(1):

Answer 2

There must be an intention by the accused to commit the offence outlined, rather than an offence committed due to sole negligence or recklessness

Question 3

When are you unable to Prosecute for an Attempt?

Answer 3

1. Depends on the recklessness or negligence (i.e. Manslaughter - an unintended death)
2. The act has already been committed, and therefore the person would be charged with that offence.
3. The word ‘Attempt’ is already included in the offence (i.e. attempted assault)

Question 4

Explain the findings in the case law R v Ring. How does it relate to an attempt

Answer 4

R v Ring is a case where the suspect was at a train station and put his hand into the pocket of a women there however it turned out that the pocket was empty (which the offender did not know before doing this). The suspects intention to steal from the womens pocket is demonstrated by him putting his hand into her pocket without her permission. Even though there was nothing in her pocket (physically impossible to take something) he is still liable.

Question 5

Define the word ‘Act’

Answer 5

An act means to take action, to do something in order to bring about a particular result

Question 6

Define the word ‘Omission’

Answer 6

The act of leaving or excluding someone or something, a failure to fulfil a moral obligation

Question 7

In relation to Attempts, to prove sufficiently proximate to the full offence, what must the accused have done?

Answer 7

• Done or Omitted to do some act(s) that is/are sufficiently proximate to the full offence AND
• Must of started to commit the full offence (gone beyond the phase of mere preparation).

Question 8

In the case of R v Harpur in relation to sufficiently proximate what was found?

Answer 8

Harpur was involved in messaging with a women, and described in detail what he wished to do to the womens 4 year old niece, he subsequently arranged for the girl to be brought to him and when he turned up at the time/place arranged it was a ‘Police sting’.

Question 9

Can several acts constitute as an attempt? Yes or No, Explain your reasoning.

Answer 9

Yes because if the acts are viewed collectively like in R v Harpur it can take on a different context and amount to a criminal attempt. i.e. messaging the women, then arranging a time/place to meet, then arriving there. It demonstrated his intent leading up to that point when the conduct stops (as he was stopped by Police from committing the full offence)

Question 10

What questions should be asked when determining at which point an act of mere preparation may become an attempt:

Answer 10

1. Has the offender actually commenced execution, that is to say has he taken a step in towards comitting the crime?

OR

2. Has the offender done anything more than getting themselves into a position in which he could embark on an actual attempt.

Question 11

Is Proximity a question of law? and who decides that question?

Answer 11

Yes, and it is decided by the judge based on the assumption that the facts within the case are proved

Question 12

Name the FOUR elements that help to determine proximity:

Answer 12

1. Fact
2. Common Sense
3. Seriousness of the offence
4. Degree

Question 13

Can a person be convicted of an offence that was physically impossible to commit? Explain.

Answer 13

Yes. Even if it was physically impossible to commit they can still be convicted, but cannot be convicted if the act was legally impossible to commit

Question 14

Name three Case Laws where offenders can be convicted of an attempt because they acted with criminal intent:

Answer 14

1. R v Ring
2. Police v Jay
3. Higgins v Police

Question 15

What was held in the Case Law Police v Jay

Answer 15

A man brought hedge clippings thinking it was cannabis.

Question 16

What was held int he Case Law Higgins v Police?

Answer 16

Plants being cultivated as ‘cannabis’ but not actually being cannabis. As this was physically impossible to cultivate the plants it is possible to commit the offence of cultivating cannabis.

Question 17

R v Donnelly is case law that is an example of a legally impossible act. What happened in this case law that made the act legally impossible?

Answer 17

A suitcase of stolen goods from a burglary was located by Police and subsequently returned to its owner. Donnelly presented a ticket at the railway station to retrieve the suitcase but was unable to get the suitcase as it had already been returned to its rightful owner. Donnelly was charged with receives stolen property, and convicted of an attempt to do so, however in an appeal it was set out that because the goods were retrieved by Police before Donnelly presented the ticket they were no longer stolen goods annd therefore it was legally impossible for him to retrieve the goods.

Question 18

When is an attempt complete?

Answer 18

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

Question 19

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 19

1. Prevented by an outside agent from doing something necessary (i.e. police interruption).
2. Failed to complete the full offence (i.e. insufficient explosives)
3. Prevented by intervening event making it physically impossible (i.e. R v Donnelly the retrieval of property)

Question 20

What is the Judges role in court for an ‘Attempt’?

Answer 20

The Judge must decide if the defendant left the preparation stage, and went on to commit the full offence. If the Judge believes they did then it moves to the Jury.

Question 21

What is the Jury’s role if the Judge determines the defendant left the preparation stage?

Answer 21

The Jury must decide whether the facts presented by the Crown have been proved beyond reasonable doubt, and therefore they must decide if the defendants acts were close to for filling the full offence.

Question 22

When there is no penalty provided what section would you use, and what would the penalty be?

Answer 22

Section 311 Crimes Act 1961
The penalty is half the maximum penalty if the offence is committed.

Question 23

Name THREE groups of offences that do not allow for Prosecution of an Attempt?

Answer 23

1. There was an element of reckless or negligence + therefore this cannot be an attempt.
2. The word attempt is already in the charge i.e. attempted assault.
3. The order of the acts completed to attempt an offence, must be sequential.

Question 24

Name the elements for an attempt and what section is an attempt under

Answer 24

Section 72(1) Crimes Act 1961

1.1 Everyone who
1.2 Having and intent to commit an offence
1.3 Does or omits an act for the purpose of accomplishing his object
1.4 Is guilty of an attempt to commit the offence intended whether it was possible in the circumstances to commit the offence or not.