Attempts

Question 1

What are the three conditions necessary for an ‘attempts’ conviction?

Answer 1

1. Intent to commit an offence,
2. An act or omission done to achieve that end,
3. Proximity - the act or omission must be sufficiently close.

(Also, it must be legally possible to commit the offence)

Question 2

What is an example of a physically impossibility?

Answer 2

An offender put his hand into a woman’s pocket, intending to steal the contents. The pocket was empty, thus it was physically impossible to commit the act of theft, however the man was still convicted of attempted theft. - R v Ring

Where plants being cultivated are not cannabis then it is physically impossible to cultivate prohibited plants. Therefore it is possible to commit the offence of cultivating cannabis. - Higgins v Police.

A man bought hedge clippings thinking that they were cannabis. Police v Jay

Question 3

When is an act considered ‘sufficiently proximate’ in relation to an attempt?

Answer 3

When the acts are more than mere preparation. The accused must have started to commit the full offence.

Question 4

When considering whether an act is ‘sufficiently proximate’ what can the court take into account?

Answer 4

The defendant’s conduct can be considered in it entirety. Considering how much remains to be done is always relevant, though not determinative. - R v Harpur

Question 5

What is an example of a legally impossible act?

Answer 5

Where stolen property has been returned to the owner it cannot be an offence to subsequently receive it, even though the receiver may know that it had been stolen. - R v Donnelly

Question 6

Under what circumstances can you not charge someone with an attempt?

Answer 6

1. Where the criminality depends on recklessness or negligence.
2. An attempt to commit an offence is included in the substantive offence (e.g. assault)
3. Where the offence requires the act to have been completed for the offence to exist (e.g. demands with menaces)

Question 7

Once an offender has committed the sufficiently proximate act, there are three things that are no defence to a charge. What are they?

Answer 7

1. They were prevented from completing the offence due to an outside agent (e.g. police)
2. They failed to complete the offence due to ineptitude
3. An intervening event made the offence physically impossible.