Likely Questions Flashcards
When is an act factually impossible?
An act is physically or factually impossible if it us an offence but the suspect is unable to commit it due to ineptitude, insufficient means, interruption or any other circumstances beyond his control
R v Ring
R v Ring
In this case the offender’s intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.
Police v Jay
A man brought hedge clippings believing they were cannabis
Higgins v Police
Where plants being cultivated as cannabis are not in fact cannabis it is not legally, impossible to cultivate such prohibited plants. Accordingly it is possible to commit the offence of attempting to cultivate cannabis.
An innocent agent
An innocent agent is someone who is unaware of the significance of their actions
An innocent agent cannot be convicted as a secondary party
The men’s rea, mental intent for conspiracy is
2 fold,
Intention of those involved to agree and,
An intention that the relevant course of conduct should be pursued by those party to the agreement
