s268 Attempted Arson

Question 1

Elements

Answer 1

• Attempts to commit arson

- In respect of any immovable property/vehicle/ship/aircraft

Question 2

Attempts legislation

Answer 2

s72 CA 1961

Question 3

Attempts s72 (1) - (5 parts)

Answer 3

• 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 or not in the circumstances it was possible or not

Question 4

s72 (1) Intent to commit an offence

Answer 4

Must prove the defendant intended to commit the full act of arson, and acted as he or she did for the purpose of achieving that aim. 

Question 5

s72 (1) Does or omits an act for the purpose of accomplishing his objectives

Answer 5

• to be guilty of an attempt, must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.
• conduct must be “sufficiently proximate” to the offence. Must have taken a real and practical step towards committing it although they do not need to have taken all the necessary steps.

Question 6

s72 (3) May constitute an attempt if it is immediately or proximately connected to the intended offence

Answer 6

Sufficiently Proximate:

• conduct at the time, and
• evidence of intent based on circumstances, and
• any steps taken leading up to that point

Cumulative assessment by court.

HARPUR:

• The court may have regard to the conduct viewed cumulatively up to that point when the conduct in question stops.
• The defendants conduct may be considered in its entirety.
• Considering how much remains to be done, as always relevant, there are not determinative.

Recognised examples:

• lying in wait, searching for or following victim
• enticing victim
• creating crime scene
• possession, collection, fabrication of materials to be used
• soliciting an innocent agency