S72(1) Attempts Flashcards
(19 cards)
What are the three elements for an attempt?
Intent (mens rea)
To commit offence
Act (Actus Reus)
That they did or omitted to do something to achieve end result
Proximity
That their actions or omission was sufficiently close
What questions to ask for proximity?
Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?
Has the offender actually commenced execution; that is to say has he taken a step to commit the offence
What is the function of the Judge for an attempt?
The judge decides if the defendant’s actions were more than mere preparation
What is the function of a Jury for an attempt?
The jury decides if the defendant’s act was close enough to the full offence.
Jury must be convinced beyond reasonable doubt that the defendant intended to commit the full offence
What is the penalty for an attempt?
If the full offence is punishable by a term of life imprisonment, the attempted offence is a term not exceeding 10 years.
Any other attempted offence = no more than half the full offence would carry
What must you prove in each case of an attempt?
- ID of a suspect
- They intended to commit an offence
- They did or omit to do something to achieve their objective
Circumstances to consider when determining proximity?
Consideration of fact
Degree
Common sense
Seriousness of offence
What is NOT a defence when the defendant is sufficiently close
- prevented by outside agent, eg police
- failed due to ineptitude, inefficiency or insufficient means eg insufficient explosives
- prevented from committing through offence due to physically impossible eg removal of property before intended theft
Attempts
Section 72(1), Crimes Act 1961
Everyone who
Having an intent to commit an offence
Does or omits an act for accomplishing his objective
Is guilty of an attempt to commit the offence intended
Whether in the circumstances it was possible to commit the offence or not
R V Ring (empty pocket)
Even if not possible to commit crime, the offender had the intent, he could still be charged for attempts. Eg tries to pick pocket but finds nothing in pocket
Attempts
Intent - to commit offence
Act - that they did an act or omitted to do something to achieve end result
Proximity - that their act or omission was sufficiently close
R V Harpur
Conduct viewed cumulatively up until the point where the conduct in question stops. The defendant’s conduct must be viewed in its entirety
R V Donnelly
Must be legally possible - if the accused receives legal title or property is returned to the owner and later sold they cannot be charged with receiving. Even if the receiver may know the property to have been previously stolen or dishonestly obtained
Act
To take action or do something to bring about a particular result
Omission
The action of excluding or leaving out someone or something, a failure to fulfil a legal or moral obligation
Impossibility
Whether in the circumstances it was possible to commit the offence or not
Police V Jay (hedge clippings)
Man bought hedge clippings believing they were Cannabis
When are you unable to charge someone for an attempt?
When the criminality depends on recklessness or negligence eg manslaughter
An attempt to commit an offence is included within the definition of the offence eg assault
The offence is such that the act has to have been completed in order for the offence to exist at all e.g. demands with menace.
When is an ATTEMPT complete?
An attempt is complete when the defendant commits an act that is sufficiently proximate to the intended offence, even if they then change their mind and voluntarily withdraw
