Attempts To Commit An Offence Flashcards
What is meant by sufficiently proximate S72(3) CA61 in relation to attempts
The defendant must have done or omitted to do some acts that are sufficiently proximate to the full offence.
Effectively the defendant must have started to commit the full offence and gone beyond the phase of mere preparation
Once an offender has committed acts that are sufficiently proximate to the full offence, there are three situations that do not amount to a defence to the charge … what are they
They were prevented by some OUTSIDE AGENT from doing what was necessary to complete the offence
They failed to complete the full offence due to INEPTITUDE, INEFFICIENCY OR INEFFICIENT MEANS
They were prevented from committing the full offence because an INTERVENING EVENT made it physically impossible
When is an act physically or factually impossible
Phys or fact impossible if the act in question amounts to an offence but the suspect is unable to commit it due to ineptitude, interruption or any other circumstance beyond their control
What are the three elements of an attempted offence
Men’s Rea- intent to commit offence
Actually Rea - that they did or omitted to do something to achieve that end
Proximity - their act or omission was sufficiently close
When are you unable to charge someone with an attempt to commit an offence
Their criminality depends on recklessness
Attempt is included within the definition of the offence
The offence is such that the act has to be completed in order for the offence to exist at all
Matt gets angry at his mechanic. He try’s to punch him but misses. What is his criminality?
Assault
Intent to punch him
Swing to try and punch him
Proximity swung at time of intent
Several acts together may constitute an attempt
His actions need not be considered in isolation. Sufficent evidence of his intent was available from the events leading up to that point
(Is this case law)
What is the test for proximity suggested in
Simester and Brookbanks
Has the offender done more than getting himself into a position from which he could embark on an actual attempt or
Had the offender actually commenced execution, that is to say has he taken a step in the actual crime itself
Example of legally impossible act
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
Security guard decides to burgle his own work place, he drives to work to check the alarm so he can burgle it later. Is this an attempt
No his action are mere preparation
Kars is a serial rapist. His MO id to talk to women online and meet them in person where he subsequently rapes them. Susie Q an undercover police officer messages Kars and the plan to meet at the coffee shop. Kars arrives at the coffee shop and is immediately arrested. Is Kars liable
Yes he can be charged for attempted sexual violation as travelling to the location with the intent of raping her would be sufficiently proximate to the offence
Name the three case laws for physical or factually Impossible
Ring - hand in empty pocket
Higgins (cultivates cannabis which is not actually cannabis)
Jay - jay buys hedge clipping Le thinking they are cannabis
