Attempts to Commit and Offence 2 Flashcards
R v Harpur
Conduct
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 its entirety.
Considering how much remains to be done is always relevant, though not determinative.”
Police v Jay
A…
(Physical impossible, legally possible)
Police v Jay
A man bought hedge clippings believing they were cannabis.
(Physical impossible, legally possible)
R v Donnelly
Where stolen property…
(Physically possible, legally impossible)
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.
(Physically possible, legally impossible)
Act completed sufficiently proximate to intended offence
3 x I’s
Act completed sufficiently proximate to intended offence
Once the acts are sufficiently proximate, the accused has no defense 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 crime because an intervening event made it physically impossible, eg removal of property before intended theft
Unable to charge with attempt
Unable to charge with attempt
You are not able to charge someone with an attempt to commit a crime where:
- The criminality depends on recklessness or negligence, eg manslaughter
- An attempt to commit an offence is included within the definition of that offence, eg assault
- The offence is such that the act has to have been completed in order for the offence to exist at all. EG, demanding with menaces; it is the demand accompanied by the menace that constitutes the offence
