Attempts (ingredients and case law)

Question 1

Attempts (ingredients)

Answer 1

• Mens rea to commit offence and Actus rea of attempting to do so or do something towards achieving that offence.
• Proximity: That is was sufficiently close and person in a position to act.
• Cannot charge if the offence involves negligence or recklessness or if offence wording has “attempts” in it.

Question 2

R v Ring

Answer 2

Even if not possible to commit crime, if the offender had the intent, he could still be charged for attempts, eg. tries to pick pocket but finds nothing in pocket.

Question 3

Proximate

Answer 3

Accused must have done or omitted to do something, that is sufficiently close to full offence and must go past the point of preparation. This is a question of law and the judges decide proximity.

Question 4

Proximity test

Answer 4

Have they got themselves into a position from which they could embark in actual attempt, or have they taken actual steps to commit crime?

Question 5

R v Harpur

Answer 5

Independent acts when viewed in isolation can be seen as preparatory however when viewed collectively, can be seen as attempts.