Attempted Arson

Question 1

Attempted Arson

Answer 1

ATTEMPTED ARSON - S268 (10yrs)
Everyone
Attempts to commit (prove intent, proximity, past prep to commit full offence)
Arson (explain arson - damage fire/explosive)
In respect of any immovable property or any vehicle, ship, or aircraft

Question 2

R V Harpur

Answer 2

HARPUR - ATTEMPTS
Conduct viewed cumulatively up to the point when the conduct in question stops …the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.

Question 3

Guilty of Attempt

Answer 3

To be GUILTY OF AN ATTEMPT to commit an offence a person must:

• Intend to commit the offence (the defendant intended to commit the full act) and
• Take a real and substantial step towards achieving that aim (progressed past preparation and commenced toward the commission - conduct sufficiently proximate)

Question 4

Acts Sufficiently Proximate

Answer 4

ACTS SUFFICIENTLY PROXIMATE

• Lying in wait, searching for or following the contemplated victim
• Enticing the victim to go to the scene of the contemplated crime
• Possession, collection or fabrication of materials to be employed in the commission of the crime
• Soliciting an innocent agent to engage in conduct constituting an element of the crime.

Question 5

Difference Between Arson and Attempted

Answer 5

Arson you must prove act was done intentionally or recklessly
Attempted you must prove there was a specific intent to commit arson, mere recklessness cannot suffice