2. Attempted Arson

Question 1

To be guilty of an attempt to commit an offence a person must ?

Answer 1

Intend to commit the offence, AND

Take a real and substantial step towards achieving that aim

Question 2

What is the definition of attempts?

Answer 2

Section 72, C.A 61

Everyone who, having an intent to commit and offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in circumstances it was possible to commit the offence of not.

Question 3

To be guilty of an attempt the Defendant must have…..

Answer 3

To be guilty of an attempt the Defendant must have…

Progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.

Conduct must be sufficiently proximate to the offence, must have taken a “real and practical step” towards committing it, does not need to have taken all the necessary steps to do so.

Question 4

R v Harpur

Answer 4

Court may have regard for conducted viewed cumulatively up to the point when the conduct in question stops.. the defendants conduct may be viewed in its entirety. Considering how much remains to be done.. is always relevant, though not determinative.

Question 5

The Court referred to the American Model Penal Code, as providing examples of acts that may constitute an attempt to commit an offence, provide these examples?

Answer 5

• Lying in wait, searching for or following contemplated victim
• Enticing the victim to go to the scene of the contemplated crime
• Reconnoitring (make an observation) the scene of the contemplate crime
• Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime
  will be committed.
• Possession, collection or fabrication of materials to be employed in the commission of the crime.
• Soliciting an innocent agent to engage in conduct constituting an element of the crime.