More Qs

Question 1

Elements of an attempt - to succeed with a conviction

Answer 1

• intent : to commit the offence
• act : what they did or omitted to do, something to achieve that end
• proximity : that their act or omission was sufficiently close

Question 2

R v ring

Answer 2

In the case of offenders 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 was to steal whatever property might be discovered inside the pocket was present in his mind and demonstrated by his actions.

The remaining elements are also satisfied

Question 3

R v Harpur

Answer 3

The court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops

The defendants conduct may be considered in its entirety

Considering how much remains to be done is always relevant though not determinative

Question 4

R v Donnelly

Answer 4

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

Question 5

Function of the judge and jury

Answer 5

The judge must decide whether the defendant had left the preparation stage and was already trying to effect completion of the full offence

The defendant need not have taken all steps necessary towards completing the full offence. If the judge decides that the defendants actions were more than mere preparation, the case goes to the jury.

The jury must decide whether the facts presented by the crown have been proven beyond reasonable doubt, if so, they must decide whether the defendants acts were close enough to the full offence

If the jury finds the actus rea has been established, it must also find the same in respect of the means rea - that is the prosecution’s evidence must also convince the jury beyond reasonable doubt that the defendant intended to commit the full offence

Question 6

Unable to charge with attempt

Answer 6

• the criminality depends on recklessness or negligence, eg manslaughter
• an attempt to commit the offence is included in 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 demands with menace - it is the demand accompanied by the menace that constitutes the offence