OF05 Attempting and Parties

Question 1

Attempts: Section 72(1) Crimes Act 1961

Answer 1

Everyone who, having the intent to commit an offence, DOES an act or OMITS an act, towards accomplishing the offence guilty of attempts
- Whether in the circumstances it was possible to commit or not

Question 2

Attempts: Section 72(2) Crimes Act 1961

Answer 2

The question whether an act with intent to commit an offence is mere preparation and too remote to constitute an attempt, is a question of LAW rather than FACT

Question 3

Attempts: Section 72(3) Crimes Act 1961

Answer 3

An act with the intent to commit an offence, may constitute an attempt if it is IMMEDIATELY OR PROXIMATELY connected with the intended offence

Question 4

Section 310 Crimes Act 1961

Answer 4

Conspiracy

Question 5

Section 310 Crimes Act 1961: Conspiracy ELEMENTS

Answer 5

1. Conspires - Plots of plans
2. With any person - Must be with one or more persons
3. To commit an offence - the aim of the conspiracy must be to commit an offence

*Simply an agreement between two people to commit any offence

Question 6

Legally impossible

Answer 6

Attempted assault
Attempted Murder
Attempted Arson

Question 7

Three requirements for an attempt

Answer 7

1. Mens Rea: Intent to commit the offence
2. Actus Reus An act towards completing the offence
3. Proximity: CLose enough to completion that the offence can be identified

Question 8

Penalties for Attempts

Answer 8

Life Imprisonment = 10 years

Burglary = 5 years

Other penalties = Half maximum Penalty

Question 9

Factually impossible but legally possible

Answer 9

Suspects can be convicted of an attempt even if the full offence was impossible to commit

ie. Jack put hand into handbag to steal but nothing was in handbag = jack commits attempted theft