Attempts Flashcards
(30 cards)
what is the definition of attempts
with intent to commit an offence, does or omits an act for the purpose of accomplishing his objective, whether in the circumstances it was possible to commit the offence or not.
What are the four elements of an attempt
intent to commit an offence (mens rea)
an act or omission to do something to achieve that end (actus reus)
proximity - act or omission was sufficiently close
legally possible - can be convicted of an offence that was physically impossible to commit
explain intent around attempts
it must be shown that the accused’s intention was to commit the substantive offence
explain inferring intent from the act
the offenders intent can be inferred from the act itself and/or proved by admissions or confessions.
explain intent with R v Ring
attempt can still be charged if the offence was physically impossible to commit. A thief believes there was a watch in a pocket but when he stuck his hand in there was nothing. His intent was inferred by his thoughts and actions.
explain a a question of fact regarding intent existing.
whether intent exists or not is a question of fact which the jury decides.
what is an act
to do something to bring about a specific result
what is an omission
to deliberately not do something when there is a duty or legal obligation to do so
what is the purpose of the act or omission in attempts
so the offence
what is sufficiently proximate
the accused must have started to commit the full offence and gone past the phase of mere preparation
what are six possible examples of attempts from the American model penal code
lying in wait, searching for the victim
enticing the victim tot he scene
recon of the crime scene
unlawfully entering a structure, vehicle or enclosure
possessing, collecting, fabricating materials
soliciting an innocent agent to engage in conduct
explain several acts together constituting attempts with case law
R v Harpur
regard to the conduct cumulatively up to the point where the conduct stops, considered in its entirety.
what are the two tests for proximity
has the offender done anything more than getting himself in a position where they could embark on an actual attempt
has the offender actually commenced execution or taken a step in the actual crime itself
is proximity determined by the judge or jury
judge - it is a question of law
what are the elements that determine proximity
no clear definition - degree, common sense, seriousness of offence, facts
explain impossibilty
a person can be convicted of attempts if the crime is physically impossible but legally possible.
a person cannot be convicted of attempts if it is physically possible but legally impossible
when is an act physically or factually impossible an attempts offence
if the act in question amounts to an offence but the suspect is unable to commit it due to interruption, ineptitude or other circumstances beyond their control.
what are the three case law examples regarding physically impossible
R v Ring - reaching in pocket with intent to steal where no items were present
Higgins v Police - intent to cultivate cannabis however was another plant
Police v Jay - purchased hedge clippings thinking they were cannabis
when is an act legally impossible
when the completed act would not be an offence, even if they had criminal intent thinking it was an offence.
explain legal impossibility using case law
R v Donnelly
when stolen property has been returned to its owner (or agent) or legal title has been acquired by any person it is not an offence to receive it, even though the receiver may know the property may have been previously stolen.
its legally impossible to receive the property if it is no longer stolen, however physically possible to receive it.
Name the 5 case law regarding attempts
Police v Jay - physically impossible, legally possible
R v Donnelly - legally impossible, physically impossible
R v Ring - physically impossible, legally possible
Higgins v Police - physically impossible, legally possible
R v Harpur - cumulative conduct
if attempts complete if the defendant commits an act that is sufficiently proximate and withdrawals from execution
still complete if defendant changes their mind and withdrawals
what are the three defences that are no longer valid if they have committed an act that is sufficiently proximate to the intended offence
were prevented by some outside agent form doing what is necessary to complete the offence
failed to complete the full offence due to ineptitude, inefficiency or insufficient means
prevented from completing the offence because an intervening event made it physically impossible
is there such thing as an attempt to commit an attempt
no, but it is still an offence to attempt to commit an offence
