Section 72 Attempts

Question 1

Define “Attempts” under section 72(1) of the Crimes Act 1961

Answer 1

Everyone who
having an intent to commit an offence
does or omits
an act
for the purpose of accomplishing his object
is guilty of
an attempt to commit the offence intended
whether in the circumstances it was possible to commit the offence
or
Not

Question 2

Why is attempted murder one of the most difficult offences in the Crimes Act 1961 to prove beyond reasonable doubt? 💼 Case Law murphy 💼

Answer 2

When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence.

For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill:

Question 3

In the test for proximity, Simester and Brookbanks (Principles of Criminal Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt.

What are those two questions?

Answer 3

Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?

Or

Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 4

Proximity relating to attempts:

Answer 4

Proximity is a question of law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.

Question 5

s173 - What is the penalty for attempted murder?

Answer 5

Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years

Question 6

Which of the below circumstances is culpable homicide?

a) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person
b) If the offender means to cause to the person killed any bodily injury known to the offender to cause injury and I reckless as to whether injury occurs or not
c) If the defendant means to cause harm, or, being so reckless as aforesaid, means to cause any bodily injury as aforesaid, and by accident or by mistake kills another person

Answer 6

(a)

Question 7

Considering R v Murphy, it was held that when proving a charge of attempted murder that:
a) The defendant must do or omit some act(s) that display an intent to commit the full offence
b) Intent can be established from the defendant’s recklessness or negligence at the time of the offence
c) The defendant must do or omit some act(s) that is/are directly related to the substantive offence.

Answer 7

(a)