OF05 - ATTEMPTING/PARTIES TO COMMIT/ATTEMPT OFFENCE

Question 1

THREE CONDTIONS FOR ATTEMPTING TO COMMIT AN OFFENCE

Answer 1

1. Intent (mens rea)
   shown that the suspect actually intended to commit the completed offence
2. Act (actus reus)
   must have started to commit the offence
3. Proximate
   immediately, and not merely remotely, connected with – the completed offence

Question 2

ULTIMATE ACT

Answer 2

The ultimate act necessary to affect the offence is always proximate. For example, it is attempted murder to place cyanide in a drink with intent to kill the victim

Question 3

PENULTIMATE ACT

Answer 3

The penultimate act necessary to commit the offence is usually proximate.
For example, in attempted arson, it is not necessary to set the match to the building (the ultimate act). It is sufficient to light the match (the penultimate act).

Question 4

ANTEPENULTIMATE ACT

Answer 4

The antepenultimate act necessary to commit the offence is sometimes proximate, especially in serious offences where early intervention is
necessary.

For example, when a person removes a revolver from a pocket intending to shoot someone, it is justifiable to intervene. Removing the revolver from the pocket is the antepenultimate act; the penultimate act is
taking aim and the ultimate act is firing.

Question 5

AN ATTEMPT TO COMMIT AN IMPOSSIBLE OFFENCE

Answer 5

There will be occasions where an offender intends to commit an offence but it is physically or factually impossible to commit the offence.

Physical or factual impossibility is not a defence. Suspects can be convicted of an attempt to commit an offence that was, in fact, a physical or factual
impossibility for them to commit.

Question 6

SECTION 72(1) CRIMES ACT 1961

Answer 6

In each case of attempt, you must prove the identity of the suspect and that they:
• intended to commit an offence, and
• did, or omitted to do, something to achieve that end.

Question 7

SECTION 311(1) CRIMES ACT 1961

Answer 7

Provision to provide punishment for an attempt to commit any offence that is not specifically specified elsewhere.

Question 8

CHARGING S72(1) AND S311(1)

Answer 8

you are telling the court that you are charging the offender with an attempt (section 72) and referring to the attempt penalty provisions (section 311).

Question 9

SUBSTANTIVE OFFENCE PENALTY

Answer 9

Life imprisonment
Other penalties
EG Burglary 10 years

Question 10

ATTEMPTS PENALTY

Answer 10

10 years imprisonment
Half max penalty
EG burglary 5 years

Question 11

SECTION 66(1) CA 1961

Answer 11

2+ people who ACTUALLY commit an offence by assisting in some way. INTENDED.

Question 12

SECTION 66(2) CA 1961

Answer 12

2+ people forming a COMMON INTENTION to commit an offence.