Attempts to Commit an Offence

Question 1

What must be proved?

In each case of attempt, you must prove:

Answer 1

What must be proved – Attempts to commit an offence

In each case of attempt, you must prove:

• The identity of the suspects, and
• That they intended to commit an offence, and
• They did, or omitted to do, something to achieve that end

Question 2

Several acts together may constitute an attempt

“his actions need not…

Answer 2

Several acts together may constitute an attempt

‘his actions need not be considered in isolation;

sufficient evidence of his intent was available from the events leading up to that point.’

Question 3

The test for proximity - Attempts to commit an offence

Answer 3

The test for proximity - Attempts to commit an offence

The following questions should be asked in determining the point at which an act of mere preparation may become an attempt:

• Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? Or
• Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 4

R v Ring

In this case

(Physical impossible, legally possible)

Answer 4

R v Ring

In this case the offender’s intent was to steal property by putting his hand into the pocket of the victim.

Unbeknown to the offender the pocket was empty.

Despite this he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions.

The remaining elements were also satisfied.

(Physical impossible, legally possible)

Question 5

Definition of Offence/Crime

Answer 5

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories within s6, Criminal Procedures Act 2011.