Liability 268

Question 1

Attempted Arson

Section and Penalty

Answer 1

Section 268 Crimes Act 1961

10 Years Imprisonment

Question 2

Attempted Arson

Ingredients

Answer 2

Everyone is liable to a term of imprisonment not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehice, ship or aircraft.

Question 3

Attempt

Answer 3

Sec. 72, Crimes Act 1961

Every one 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.

To be guilty of an attempt to commit an offence, a person must:

• Intent to commit the offence, and
• take a real a substantial step (sufficiently proximate) towards achieving that aim.

Question 4

R v Harpur

Answer 4

“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.

The courts may view the defendant’s conduct cumulatively, up to when the conduct in question stops, and consider the the conduct as the entirety. Whether it is sufficiently proximate is always relevant, but not definitive.