Attempts Flashcards
Attempts legislation?
344A Attempts - Crimes Act
(1) Subject to this Act, any person who attempts to commit any offence for which a penalty is provided under this Act shall be liable to that penalty.
(2) Where a person is convicted of an attempt to commit an offence and the offence concerned is a serious indictable offence the person shall be deemed to have been convicted of a serious indictable offence.
Case on what is an attempt?
Haughton v Smith [1973]
An attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute it’s actual commission if it were not interrupted.”
2 basic elements for an attempt?
- Mens Rea
2. Actus Reus
Actus Reus Proximity case?
Davey v Lee [1968]
The doing of the action cannot reasonably be regarded as having any other purpose than the commission of the specific crime.
Leading case on Proximity?
DPP v Stonehouse (1977)
English case.
Acts which are merely prepatory are not sufficiently proximate to constitute the offence.
Impossibility?
Can’t attempt to commit a crime that is not in fact a crime.
i.e - If person thinks it’s an offence to wash their car, but it is not, they can not be found guilty of it.
Case on impossibility no longer a defence to attempt?
R v Mai and Anor (1991)
Actus reus and Mens Rea?
The act and the mental element.
Specific intent in relation to Attempts rather than as defined in 428B Crimes Act? Case?
R v Mohan
Specific intent for attempts relates to the specific intention of the accused to commit the offence. It removes recklessness etc from the equation.
Must show a specific intent to bring about the commission of the offence.
Old overruled Case on Impossibility?
R v Donnely.
5th rule
- Someone enteres a location with intent to steal a ring. Upon getting there, finds that the ring is not there, and therefore it is impossible to steal the ring. Found that there is no offence of attempt. This was adopted in Haughton v Smith.
WHich 2 cases overruled the UK/NZ case on impossibility?
Britten v Alpgout - Victorian case that remedied views on impossibility - only persuasive in NSW.
R v MAI and anor - Addopted Victorian view and impossbility no longer available. NSW authoriry.
