Attempts

Question 1

Define attempts under section 72(1)CA1961?

Answer 1

Everyone who with an intent to commit an offence,does or omits an act for the purpose of accomplishing his object, is guilty of an attempt wether in the circumstances it was possible to commit the offence or not.

Question 2

Elements for attempt?

Answer 2

-Intent to commit an offence
-that they did or omitted to do,something to achieve that end
-act or omission was sufficiently close

Question 3

R v Ring?

Answer 3

Offenders intent was to steal property by putting his hand into the pocket of a victim. Unbeknown to the offender the pocket was empty.He was still convicted of attempted theft as he fulfilled the elements of attempts.

Question 4

Explain sufficiently proximate to the full offence?

Answer 4

The accused must have started to commit the full offence and have gone beyond the phase of mere preparation, this is the “all but rule”

Question 5

American model penal code examples of acts constituting an attempt?

Answer 5

-lying in wait,searching or following the victim
-enticing them to the scene
-unlawfully entering a structure or vehicle
-possessing/collecting material to be used in offence

Question 6

R v Harpur?

Answer 6

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. Considering how much remains to be done is always relevant though not determinative.

Question 7

Test for proximity?

Answer 7

Simester and brook banks

-Has the offender done anything more than get into position from which he could embark on an attempt.

-Has the offender actually commenced execution. Taken a step in the actual crime itself.

Question 8

Impossibility?

Answer 8

A person can be convicted of an offence that is physically impossible to commit but cannot be convicted of an offence that’s legally impossible.

Question 9

When act is physically or factually impossible, case laws?

Answer 9

R v Ring- attempted theft from pocket

Higgins v Police- cultivating plants believing there cannabis when there not is physically not legally impossible.

Police v Jay- a man bought hedge clippings believing they were cannabis.

Question 10

When an act is legally impossible?

Answer 10

When the completed act would not be an offence even with criminal intent; you cannot be convicted of an attempt.

Question 11

R v Donnelly?

Answer 11

It is not an offence to subsequently receive stolen property that now has title acquired, even though the receiver may know the property had previously been stolen or dishonestly obtained.

Question 12

When is an attempt complete?

Answer 12

When an act is done sufficiently proximate to the intended offence.

Question 13

Function of judge and jury?

Answer 13

Judge must decide whether the defendant has left the preparation stage, if they believe they have the case goes to the jury.

The jury must decide wether the facts presented by crown have proved beyond reasonable doubt the defendant was proximate and had the men’s Rea and actus reus.

Question 14

Section 311- Attempt to commit or procure commission of offence.

Answer 14

Everyone who commits an offence where no punishment to attempt is prescribed in the act is liable to a term not exceeding 10 years if offence maximum is life and for any other case liable to half the maximum punishment.