Attempts s.72 Flashcards
What is the section and penalty for attempts
s.72 half the offense to 10 years max.
Name the elements of attempts
1) Have the intent to commit an offense 2) does or omits an act to accomplish his objective.
What case law refers to intent and physical impossible but legally possible?
R v RING
“in this case the offenders intent was to steal property by putting his hand into the pocket of the victim. unbeknown to the offender the pockets were empty. despite this he was able to be convicted of att. theft. B/coz the intent to steal whatever might have been discovered in the victims pocket was present in his mind and demonstrated by his actions.”
Intent can be inferred from actions and something can be physicially impossible but legally possible.
What case law relates to several acts together constituting an attempt?
R v HARPUR the court may have regard to the events cumulatively up to the point where the conduct in question stops. the defendants conduct may be viewed in its entirety, considering how much remains to be done is always relevant but not determinative.
the acts need not be viewed in isolation, sufficient evidence of intent was available from all the events leading up to the end.
What 2 case law relate to an act that is pysicially impossible but legally possible?
HIGGINS v Police
“where plants cultivated as cannabis are not in fact cannabis it is physically not legally impossible to cultivate such prohibited plants. accordingly it is possible to commit the offense of att. to cultivate cannabis.”
Police v JAY
“a man bought hedge clippings believing them to be cannabis”
Which case law relates to a leggaly impossible act?
R v DONNELY
“when stolen property has been returned to its owner or legal title to any such property has been acquired by any person. it is not an offense to sub. receive it even though the rec. may know the prop. to have been previously stolen of dishonestly obtained.”
What are the functions of a Judge and Jury in relation to an attempts offence
The judges role is to rule wether the acts have gone beyond mere preparation to an attempt to commit the offence, if deemed in the positive they refer the case to the jury.
The jury’s role is to decide if the case has been proven beyond rasonable doubt.
Once the acts are sufficiently proximate what cant the defendant rely on in his defence?
Were prevented by some putside agent from doing the full offence
were unable to complete the offence due to ineptitute, inefficiency or insufficient means
were prevented from committing the offence becuase an interveneing event made it impossible.
when can you not charge someone with attempts?
When the charge relys on proof of negligence or recklessness (manslaughter)
when the element of attempts is contained in the offence (assault)
the offence is such that the act has to be completed in order for the offence to exist at all. (demands w. menance)
