Attempts to commit an offence Flashcards
Attempts
Crimes Act 1961
Section 72
(1) Everyone 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.
Three elements of an attempt offence
Intent (Mens rea) - to commit an offence.
Act (Actus reus) - that they did, or omitted to do, something to achieve that end.
Proximity - that their act or omission was sufficiently close.
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.
R v Harpur
“[The Court may]” have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendant’s conduct [may] be considered in it’s entirety. Considering how much remains to be done…is always relevant, though not determinative.”
Higgins v Police
Where the plants being cultivated as Cannabis are not in fact Cannabis it is physically impossible, 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 bought 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 receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.
When an attempt is complete
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 defendant has no defence that they:
Were prevented by some outside agent from doing something that was necessary to complete the offence; eg interruption from Police.
Failed to complete the full offence due to ineptitude, inefficiency or insufficient means, eg insufficient explosive to blow apart a safe.
Were prevented from committing the offence because an intervening event made it physically impossible, eg removal of property before intended theft.
