Attempted Arson - Attempts to Commit Arson

Question 1

Intent to Commit Offence

Answer 1

The Crown must prove that the Defendant intended to commit the full act of arson, and acted as he or she did for the purpose of achieving that aim.

Question 2

Does or Omits an act for the purpose of accomplishing his object

Answer 2

To be guilty of an offence, Defendant must have progressed past the stage of preparation and commenced a process intended to lead to commission of full offence.

Sufficiently proximate ex) he must have taken a “real and practical step” towards committing it, although does not have to complete steps

Question 3

What is Sufficiently proximate?

Answer 3

The Court will analyze the Defendant’s conduct at the relevant time, in line with evidence his/her intent based on circumstances and any steps taken leading to that point.

Cumulative assessment allow Court to INFER, the Defendant intended to commit FULL offence, had started but may fall short.

Question 4

What was found in Police v Wylie?

Answer 4

Two men drug dealing, attempted to procure Cocaine from plain clothes officer who was executing SW.

Court of Appeal - analyzed conduct, took into account events earlier can be inferred to commit full offence.

Analyzed:
- Phoned address in advance
- Drove to address
- Taken cash with them
- Confirmed verbally they wanted “Coke”
- Discussed price
- Asked to see drugs

Question 5

What was found R v Harpur?

Answer 5

• Defendant involved in series text message with woman, intent to perform sexual act on woman’s 4 years old niece.
• Arrived, found no woman, no niece as it was part of a Sting.
• Harpur charged with attempted sexual violation of hypothetical 4 year old along other sexual offences.

Court of Appeal found that not need to consider isolation, sufficient evidence showing intent leading to that point.

Question 6

Acts that may be meet “Sufficiently Proximate?”

Answer 6

Examples:

• Lying in waiting, searching for or following the contemplated victim
• Enticing the Victim to go to the scene of the contemplated crime
• Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that he crime will be committed.
• 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.