Attempts

Question 1

Attempts

Section and elements of an attempt

Answer 1

Section 72 CA 1961

The following conditions must apply for an attempt conviction:

(1) intent (mens rea) to commit an offence
(2) act (actus reus) that they did or omitted to do, something to achieve that end
(3) proximity, that their act or omission was sufficiently close

Question 2

Several acts together may constitute an attempt, what is the case law that discusses this?

Answer 2

R v Harpur

“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”

Question 3

R v Ring

Answer 3

In this case the offender’s intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.

Question 4

R v Harpur

Answer 4

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

Question 5

Higgins v Police

Answer 5

Where plants being cultivated as cannabis are not in fact cannabis it is physically, not legally, impossible to cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis.

(Physically impossible, legally possible)

Question 6

Police v Jay

Answer 6

A man bought hedge clippings believing they were cannabis.

Physically impossible, legally possible

Question 7

R v Donnely

Answer 7

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.

(Legally impossible)

Question 8

Act or omission

Answer 8

Act: to take action or do something, to bring about a particular result

Omission: the action of excluding or leaving out someone or something

Question 9

Test for proximity

Answer 9

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

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

Question 10

When can you not charge with an attempt?

Answer 10

• When the criminality depends on recklessness or negligence
• When an attempt is included within the definition of that offence, eg assault
• the offence is such that the act has to have been completed in order for the offence to exist, eg demand with menaces

Question 11

Function of judge

Answer 11

Must decide wether the accused had left the preparation stage and was trying to effect completion of the offence. If the defendants actions were more than mere preparation, the case goes to the jury.

Question 12

Function of the jury

Answer 12

Must decide whether the facts presented have been proved beyond reasonable doubt and if so must decide if the defendants acts are close enough to the full offence

Question 13

Define attempts in 72(1) CA 1961

Answer 13

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.