Attempts to Commit an Offence Flashcards
Attempting to commit an offence
Crimes Act 1961 72
(1) Every one who, having an intent to commit an offence, does or omits an act for the
purpose of accomplishing his object, is guilty of an attempt to commit the offence
intended, whether in the circumstances it was possible to commit the offence or not.
(2) The question whether an act done or omitted with intent to commit an offence is or is
not only preparation for the commission of that offence, and too remote to constitute
an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if
it is immediately or proximately connected with the intended offence, whether or not
there was any act unequivocally showing the intent to commit that offence.
R v Ring
In this case the offenders intent was to steel property by putting his hand into the pocket of the victim. And been known 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 in his actions. The remaining elements were also satisfied.
R v Harpur
[The Court may] have regards to the conduct viewed cumulatively up to the point when the conduct in questions stops… The defendants conduct [may] be considered in its entirety. Considering how much remains to be done… Is always relevant, though not determinative.
Higgins v Police
We’re plants being cultivated is cannabis I’m not in fact cannabis it is physically, not legally, impossible to cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis.
Police v Jay
A man brought hedge clippings believing they were cannabis.
R v Donnelly
Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently received it, even though the receiver may know the property had previously been stolen or dishonestly obtained.
Attempts Summary
In each case of attempt, you must prove:
- the identity of the suspect (s) and
- they intended to commit an offence, and
- they did, or omitted to do, something to achieve their object
Case law has determined three conditions that must be present to succeed in an attempted conviction, these are:
- Intent (mens rea)
- Act (actus reus)
- Proximity (sufficiently close)
The intent of the offenders must be to commit the offence.
The defendant must have done or omitted to do some act (s) that are sufficiently proximate to the full offence and must have progressed past the point of mere preparation.
The acts carried out by the defendant may be looked at collectively when determining proximity, but in doing so you must take into account the circumstance of each case, including: consideration of fact, degree, common sense and seriousness of the offence.
A person can be convicted of an attempt to commit an offence that was in fact physically impossible for them to commit. However it must be legally possible to commit the offence.
You cannot prosecute someone for an attempt to commit an offence where:
- the criminality depends on recklessness or negligence, eg in manslaughter an attempt to commit an offence is included within the definition of that offence; in assault ‘that he or she has, present ability to effect his or her purpose’.
- the offence is such that the ultimate act must be completed in order for the offence to exist at all, eg a person cannot attempt to demand money with menaces.
AN attempt is complete when the defendant commits an act that is sufficiently proximate to the intended offence, even if they then change their mind and voluntarily withdraw.
Where a person is charged with the full offence, but they are found guilty only of an attempt, they may be convicted of the attempt.
Where a person is charged with the attempt, but the evidence establishes that the defendant did in fact commit the full offence, they can only be convicted of the attempt.
