Attempts Case Law Flashcards
(3 cards)
R v Ring
The offenders intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to him the pocket was empty. Despite this, he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.
R v Harpur
In assessing the conduct there must be a full evaluation in terms of time, place and circumstance. What remains to be done is always relevant, but not determinative. The Court is permitted to focus more on the quality of the defendants acts and the time, place and circumstances in which they occurred, and less on abstract tests of preparation and proximity.
Essentially, independent acts, when viewed in isolation, can be construed as preparatory. When the same acts are viewed collectively, they can take on a different context and therefor amount to a criminal attempt.
R v Donnelly
Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may may know that the property had previously been stolen or dishonestly obtained.
