Liabilities - Attempting to Commit an offence

Question 0

Can you identify some example of other statutes that create the specific offence of attempts and that mean section 72 (1) need not be relied upon?

Answer 0

• Attempted Murder

- Attempted Robbery

Question 1

What are the ingredients contained in Section 72 (1) that create the offence of attempting to commit an offence?

Answer 1

• A person is guilty of attempt if they have the intent and do an act, or omit an act, to accomplish their objective.

Question 2

What are the penalties for someone charged with an attempt?

Answer 2

• For an offence with a penalty of life iprisonment, the attempt penalty is 10 years.
• For all other offences, the attempt penalty is half the penalty for the completed offence.

Question 3

When would an attempt be physically or factually impossible? Why would the offence of attempting to commit the offence still be valid?

Answer 3

• Attempting to shoot and kill someone and the round misfires
• Attempting to steal a wallet from a pocket, but no wallet is there

Question 4

What are the three requirements for an attempt offence?

Answer 4

• Intent (mens rea)
• Act (actus reus)
• Proximate

Question 5

What do Sections 72(1) and 311(1) tell the court when they are added to the charge?

Answer 5

• By adding Sections 72(1) and 311(1) to the charge, you are showing the court that you are charging the offender with an attempt (section 72) and referring to the attempt penalty provisions (section 311)