2. Attempts to Commit an Offence - When an attempt is complete

Question 1

When is an attempt complete?

Answer 1

An attempt is complete even when the defendant changes their mind or makes a voluntary withdrawal after completing an act that is sufficiently proximate to the intended offence

Question 2

What defences are negated once the acts are sufficiently proximate?

Must Know

Answer 2

• were prevented by some outside agent from doing something that was
  necessary to complete the offence; eg interruption from police
• failed to complete the full offence due to ineptitude, inefficiency or insufficient means, eg insufficient explosive to blow apart a safe
• were prevented from committing the offence because an intervening event made it physically impossible, eg removal of property before intended
  theft.

Question 3

What is the function of the judge?

Answer 3

The judge must decide whether the defendant had left the preparation stage and was already trying to effect completion of the full offence.

Question 4

What is the function of the jury?

Answer 4

The jury must then decide whether the facts presented by the Crown have been proved beyond reasonable doubt and, if so, must next decide whether the defendant’s acts are close enough to the full offence.