Evolution Of The Offence - Attempts

Question 1

Liability

- Attempts

Answer 1

Section 72, Crimes Act 1961

• Everyone who, having an intent to commit an offence
• Does or omits an act for the purpose of accomplishing his or her object
• Is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 2

What 3 conditions apply for an ‘attempt’ conviction to succeed?

Answer 2

• Intent (mens rea)
• Act (actus reas)
• Proximity

Question 3

Procedural in court

Answer 3

If the accused is found not guilty of the principal offence but the evidence establishes an attempt, they can be convicted of the attempt even though an attempt charge was not laid.

Question 4

What is the mens rea of attempts?

Answer 4

The accused intended to commit the complete offence.

Question 5

What is the actus reus of attempts?

Answer 5

The Defendant must do an act or omit to discharge a duty for the purpose of accomplishing their object. The act/omission must be immediately or proximately connected with the intended offence.

Question 6

Can a person be charged with attempted manslaughter?

Answer 6

No

Question 7

What is proof of attempt?

Answer 7

Intention may be proved by admission or confessions or inferred from the act itself.

Question 8

What is a question fact?

Answer 8

Whether that intent exists or not is a question of fact; a question that the jury decides.

Question 9

What is a question of law?

Answer 9

Proximity is a question of law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.

Question 10

R v Harpur

Answer 10

“In assessing the conduct there must be full evaluation in terms of time, place and circumstance”

• Outlines independant acts, when viewed in isolation, can be construed as preparatory. When the same acts are viewed collectively, they can take on a different context and therefore amount to a criminal attempt.

Relates to: Attempts

Question 11

When is an act physically or factually impossible?

Answer 11

When the suspect is unable to commit it due to interruption, ineptitude or any other circumstances beyond their control.

Question 12

Is there such a thing to attempt to commit an attempt?

Answer 12

No.

Question 13

What are the situations where you are unable to charge with attempt?

Answer 13

• The criminality depends on recklessness or negligence. Eg, manslaughter
• An attempt to commit an offence is included with 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.

Question 14

Function of the judge

Answer 14

• The judge must decide whether the accused had left the preparation stage and was already trying to effect completion of the full offence.
• The accused need not have taken all steps necessary towards completing the full offence. If the judge decides that the Defendant’s actions were more than mere preparation the case doesn’t go to the jury.

Question 14

Function of the jury

Answer 14

• The jury must then decide whether the facts presented by the crown have been proved beyond reasonable doubt and, if so, must next decide whether the Defendant’s acts are close enough to the full offence.
• If the jury finds the actus reus has been established it must also find the same in respect of the mens rea - that is, the prosecution’s evidence must also convince the jury beyond reasonable doubt that the Defendant intended to commit he full offence.