Attempts

Question 1

Attempt

Legislation

(1) Does or Omits

Answer 1

S72 CA61

(1) Every one who, having an intent to commit an 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 the circumstances it was possible to commit the offence or not.

Question 2

Attempt

Legislation

(2) Question whether

Answer 2

S72 CA61

(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
- Decided by a judge

Question 3

Attempt

Legislation

(3) Immediately or Proximately

Answer 3

S72 CA61

(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 4

Definition of Offence/Crime

Answer 4

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories within s6, Criminal Procedures Act 2011.

Question 5

Three elements of an attempt

Answer 5

• Intent - to commit an offence
• Act - That they did, or omitted to do, something to achieve that end
• Proximity - That their act or omission was sufficiently close

All must be satisfied and it must be legally possible

Question 6

Act

Answer 6

To take action or do something

Question 7

Omission

Answer 7

The act of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation