Attempts

Question 1

What is the difference between an attempt and a complete offence?

Answer 1

The intent or mens rea is the same throughout the offence weather it is completed or not. For some reason the full act or actus reus was not complete, it becomes an attempt. Must have taken reasonable steps in attempting to complete act.

Question 2

What constitutes an attempt to commit an offence?

Answer 2

Having the required intent for the offence and taking necessary actions to complete the offence but but being unable to due to unforeseen circumstances or no longer possible.

Eg Setting out to do a burglary and being found in the possession of tools or disguises at the back door of a premises before actually entering it.

Question 3

What is the mind set required in order to be convicted of an attempt?

Answer 3

1. Intent (mens rea) to commit an offence.
2. Act (actus reus) that they did, or omitted to do something to achieve that end.
3. Proximity that their act or omission was sufficiently close

Question 4

What is the actus reus in relation to attempts?

Answer 4

Does or omits an act for the purpose of accomplishing his object. The action or conduct (physically) which constitutes the element of an offence.

Question 5

What is the proximity in relation to attempts?

Answer 5

It will come down to each individual case circumstances but ask yourself: Do the facts show mere preparation, or are the defendants acts or omissions immediately or sufficient proximate (close) to the intended offence

Question 6

What is the concept between actus reus and proximity in relation to attempts?

Answer 6

The accused must have done or omitted to do some act(s) that is sufficiently proximate (close) to the full offence. The accused must have started to commit the full offence an have gone beyond the preparation phase.

Question 7

American Model Penal Code examples of acts constituting an offence?

Answer 7

• Lying in wait, searching for or following contemplated victim.
• Enticing the victim to go to the scene of contemplated crime.
• Reconnoitering the scene of the contemplated crime.
• Unlawfully entering a structure, vehicle or enclosure.
• Possessing, collecting or fabricating materials to be employed in the crime.
• Soliciting an innocent agent to engage in conduct constituting an element of the crime.

Question 8

What is the difference between acts or preparations and attempts?

Answer 8

Preparation could be the offender has only got himelf into a position from which the could set out to commit an offence.
Where as the act becomes more proximate when the offender actually commenced in execution, that is he has taken a step in the actual crime.

Question 9

When can you not charge with an attempt?

Answer 9

1. The criminality depends on recklessness or negligence, eg manslaughter.
2. Included in the definition of that offence, eg assault.
3. The offence is such that the act has to have been completed in order for the offence to exist at all, eg demanding with menaces.