Attempts to commit a crime

Question 1

*Section 72(1) - Ingredients of attempts

Answer 1

• Everyone who
• Having an intent to commit an offence
• Does or omits an act
• For the purpose of accomplishing his OR her object
• Is guilty of an attempt to commit the offence intended
• Whether in the circumstances it was possible to commit the offence or not

Question 2

*S/A What 3 conditions (elements) must apply for a conviction to be successful?

Answer 2

1. Intent (Mens rea) - to commit an offence
2. Act (actus rea) - that they did or ommitted to do something to achieve the end
3. Proximity - that their act or omission was sufficiently close

Question 3

*Intent must be established by ?

Answer 3

It must be shown that the accused intention was to commit the substantive offence

Question 4

*M/C What does the Act say about how they must be significantly proximate to the full offence

THINK OF MERE PREPERATION

Answer 4

The accused must have started to commit the full offence and have gone beyond the phase of mere preperation- this is the all but rule

Question 5

*R V Harpur

Answer 5

Conduct viewed cumulatively up to the point when the conduct in question stops.
Defendant’s conduct may be considered in its entirety. (How much remains to be done is relevant, though not determinative.)

Question 6

*The test for proximity - Simister & Brookbank

Answer 6

1. Has the defendant done anything more than getting himself into a position from which he could embarkon an actual attempt? OR
2. Has the offender actually commenced execution, has he taken a step in the actual crime itself.
   *If yes there has been an attempt, if no , preperation and no offence

Question 7

*When is an act physically or factually impossible?

Answer 7

if the act in question amounts to an offence BUT
the suspect is unable to commit due to interruption, ineptitude OR
any other circumstances beyond their control

Question 8

M/C & S/A*R V Ring

Answer 8

Offender trying to steal property by putting hand in pocket of victim, the pocket was empty,
Attempted theft

Question 9

*Police vs Jay

Answer 9

A man brought hedge clippings thinking it was cannabis

Question 10

*Higgins v Police

Answer 10

Cultivating a plant thinking its cannabis
Attempted cultivation of cannabis

Question 11

*Example of legally impossible act - RV Donnelly

S/A

Answer 11

Where stolen property has been returned to the owner or legal title to such property has been acquired by any person, it is not an offence to subsequently recieve it, even though the reciever may know that the property had previously been stolen or dishnestly obtained

Question 12

*When is an attempt is complete - Act completed sufficiently proximate to intended offence,

Once the acts are sufficiently proximate, the accused has no defence that they??

**Added bold bit to understand 2 part question

Answer 12

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.

Once the acts are sufficiently proximate, the accused has no defence that they:
1. Were prevented by some outside agent from doing something that was necessary to complete the offence eg interuption from police
2. Failed to complete the full offence due to ineptitude or insufficient means eg insufficient explosives to blow apart a safe
3. Were prevented from committing the offence because intervening event made it physically impossible **eg removal of property before intended theft **

Question 13

*Function of the judge and jury

Answer 13

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

The Jury decide whether facts from Crown proved beyond reasonable doubt and if so, must next decide whether the defendants acts are close enough to the full offence.

Question 14

*(S/A) Three groups of offences that do not allow for a prosecution in respect of an attempt

When is prosecution unable to charge with attempt?

Answer 14

• Where criminality depends on recklessness or negligence (manslaughter)
• An attempt to commit an offence is included within the definition of that offence (assault)
• The act of the crime must be completed in order for the offence to exist at all. (demands with menace)

Question 15

(S/A) * Acts that may constitute an attempt to commit an offence

Answer 15

• Lying in wait. Searching for or following the contemplated victim.
• Enticing the victim to go to the scene of the contemplated crime.
• Scoping the scene of the contemplated crime.
• Getting an innocent agent to engage in conduct constituting an element of the intended crime.
• Collecting, possessing or fabricating materials to be used in the commission of the crime.
• Unlawfully entering a structure, vehicle or enclosure contemplated to be the crime scene.