OF05: Attempting To Commit An Offence

Question 1

What are the three requirements that must apply to gain conviction for an attempt to commit an offence?

Answer 1

Mens Rea (Intent)
Actus Reus (Act)
Proximate (Proximate to not preparatory to)

Question 2

What are attempts in committing an offence are classified as substantive offence? (Attempting them is an offence in itself)

Answer 2

Attempted sexual violations
Attempting to pervert the course of justic
Attempted murder
Attempted arson
Attempted dishonest using/taking of documents

Question 3

When is an attempt to commit an offence physically or factually impossible?

Answer 3

When a suspect/offender commits an offence that was physically or factually impossible for them to commit.
E.g attempted theft, when the intention was to steal a purse out of a bag but there was physically no purse in the bag

Question 4

What does Section 72(1) and 311(1) of the Crimes Act 1961 tell the court when they are added to the charge?

Answer 4

Section 72(1) tells the court you are charging for “Attempts” and Section 311(1) refers to the Attempt Penalty Provisions