Attempts

Question 1

Section 72, Crimes Act 1961

Answer 1

Attempting to commit an offence

Question 2

Three elements of an attempt offence

Answer 2

1-Intent to commit
2- That they did, or omitted to do, something to achieve that end
3-Sufficiently proximate

Question 3

Case law R vs Harpur

Answer 3

Conduct viewed cumulatively up to the point when the conduct in question stops.
Defendants conduct may be considered in its entirety. (how much remains to be done, Is always relevant, though not determinative).

Question 4

When is an attempt complete?

Answer 4

Its complete when defendant changes their monitor makes a voluntary withdrawal after completing an act that is sufficiently proximate to the intended offence

Question 5

Once the acts are sufficiently proximate, the defendant has no defence that they???

Answer 5

1-Were prevented by some outside agent from doing something that was necessary to complete the offence - eg interruption from police
2-Failed to complete the full offence due to insufficient means eg insufficient explosives to blow up safe
3- Prevented from committing the offence because an intervening event made it physically impossible eg removal of property before theft