OF05 Attempting to commit an offence Flashcards
What must you prove in a case of attempt?
The suspects identity.
The suspect intended to commit the offence.
The suspect did, or omitted to do, something to achieve that end.
What three conditions must apply in order for a conviction of attempt to succeed?
Mens Rea
Actus Reus
Proximate
In regards to attempt, explain mens rea.
You must show the suspect actually intended to commit the completed offence.
In regards to attempt, explain actus reus.
Effectively the person must have started to commit the offence, although they may not have completed it.
In regards to attempt, what are the three acts covered under proximate?
Antepenultimate act
Penultimate act
Ultimate act
Explain Antepenultimate act, Penultimate act, Ultimate act and give an example.
Antepenultimate act - third to last act (preparing)
Penultimate act - second to last act (attempting)
Ultimate act - final act (carrying out)
Are antepenultimate acts always present in minor offences?
No need for early intervention.
Is physical or factual impossibility a defence for attempt?
No, the suspect is still liable for attempt even if it was physically or factually impossible for them to commit the offence.
What is the penalty for attempted offences? (not including attempted offences that are an offence in itself like attempted murder, attempting to pervert the course of justice etc.
Half of the penalty of the completed offence.
Who decides the degree of proximity as a question of Law?
The Judge
What legislation and case law designates proximity being a a question of law for the judge?
The Crimes Act 1961 Section 72 (2)
R v Burrett, Payne v Phillpot (2003)
Does dishonest intention amount to an attempt?
No
What are the elements of Section 28?
Found
In any place
Behaving in a manner from which it can be reasonably inferred that the person is
Preparing to commit an imprisonable offence
