OF05 Attempting To Commit An Imprisonable Offence

Question 1

What must you prove for the offence ‘attempting to commit an imprisonable offence’? S72(1)

Answer 1

Must prove the identity of the suspect and that they

• intended to commit an offence, and
• did, or omitted to do, something to achieve that end.

Question 2

What are the 3 conditions that must apply in order for a conviction? Relating to attempting to commit an imprisonable offence.

Answer 2

• intent (mens rea)
• act (actus reus)
• proximate

Intent must be proved by observations of the act, or admissions or confessions from the offender.

Act, the person must have started to commit the offence, even though they may have not completed it.

Proximate, the act must be proximate to, immediately, not remotely.

Question 3

What is the ultimate act?

Answer 3

The ultimate act necessary to affect the offence is always proximate.
The act of pulling the trigger. (Finals)

Question 4

What is the penultimate act?

Answer 4

The penultimate act is usually proximate.

The act of aiming the gun. (Semi-Finals)

Question 5

What is the antepenultimate act?

Answer 5

The antepenultimate act is sometimes proximate.

The act of pulling the gun from the pocket. (Quarter-Finals)

Question 6

Does it matter if the offence is physically or factually possible?

Answer 6

No it does not, the mere attempt is enough.

Question 7

What are the penalties for ‘attempts’?

Answer 7

S311

Life imprisonment - 10 years
Other penalties - Half of the maximum penalty.

Question 8

How do you charge for ‘attempts’?

Answer 8

By showing S72(1) and 311(1) on prosecution documents, you are telling the court that you are charging the offender with an attempt (s72) and referring to the attempt penalty provisions (s311).