Attempt Flashcards
(16 cards)
What is inchoate offence
D can still be charged with an attempt of that crime (even if the attempt is incomplete)
What are types of inchoate offences
Attempt, joint liability, conspiracy and abetment.
These categories have to be read together with the offenses committed.
What is the provision that governs attempt?
Section 511 is a provision where core offence doesn’t provide specific provisions on attempt
Examples of how S.511 to be read with other core offence?
Theft in S.378 doesn’t talk about attempt, then S.511 will come into play. It will provide provides punishment for attempt (shall not exceed one-half of the longest term). (e.g theft imprisonment is 7 years, hence incorporating S.511, charge for attempted theft cannot exceed more than half of 7 years, probably 3.5 years.
What are 4 stages of criminal in Thiangiah v PP [1977]
Intention: The idea or decision to commit a crime.
Preparation: Getting ready to commit the crime (e.g., planning, gathering tools, etc.)
Attempt: Taking some action towards committing the crime (e.g., breaking into a house).
Commission: Successfully completing the crime (e.g., stealing something after breaking in).
What did the case Tan Weng Keng [1962] establish?
There can be no attempt without intent to commit the crime.
Can mere preparation be punished?
No, there must be a visible action directly aimed at committing the crime.
If an interruption occurs during the attempt (thus preventing the crime), the person is charged with attempt under S.511 PC.
Is mens rea required for attempted suicide under Section 309?
No, it is a strict liability offense that only requires an act towards commission.
When does an act become an attempt?
When it is part of a series of actions that would complete the crime if not interrupted.
What tests determine actus reus for attempt
Proximity Test: How close the action is to completing the crime.
Last Act Test: Whether the final act before completing the crime has been done
What is proximity test?
How near it is to the completion of the act
When does attempt begin in the case of Abhayanand Mishra?
Attempt begins when preparations are complete and the culprit commences to do something with the intention of committing the offence (i.e. a step towards the commission of the offence).
What is last act test?
Whether you have done the final act before the crime is completed?
How dos Section 307, illustration (c) talks about final act?
A buys a gun and loads it. Loading a gun per se, is not the final act yet. When you fire the gun and by firing, you wounded Z (but Z didn’t die) – the firing of a gun and the subsequent wound would be an attempt because it’s the final act before the crime completes.
What is impossible offence?
An attempt to commit crime where the intended outcome cannot be achieved due to circumstances interrupting it.
Say, when the accused rape, but he couldn’t get an erection to perform penetration. Could he still be liable for attempted rape?
Under S.511, the charge of attempted rate can still happen.
Hence, an impossible offence can still be charged for an attempt to commit an offence.
