OF07: Attempting To Commit An Offence Flashcards
What are the three requirements that must apply to gain conviction for an attempt to commit an offence?
Mens Rea (Intent)
Actus Reus (Act)
Proximate (Proximate to not preparatory to)
What are attempts in committing an offence are classified as substantive offence? (Attempting them is an offence in itself)
Attempted sexual violations
Attempting to pervert the course of justic
Attempted murder
Attempted arson
Attempted dishonest using/taking of documents
When is an attempt to commit an offence physically or factually impossible?
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
What does Section 72(1) and 311(1) of the Crimes Act 1961 tell the court when they are added to the charge?
Section 72(1) tells the court you are charging for “Attempts” and Section 311(1) refers to the Attempt Penalty Provisions