LAWS 2302 Lecture Notes - Lecture 8: Actus Reus, The Offence
Document Summary
Attempt; action where the accused has been halted or thwarted at some stage before the completion of the act for one or more reasons. The court of the judge is who decides at what time the attempt is completed. If the court decides that the attempt has been completed, then criminal liability is attached. An attempt occurs when the action of the accused goes beyond mere preparation. Even if the offence is impossible, you can still be found guilty of attempt. They were picked up and accused for attempted robbery. Appealed, appeal dismissed due to their actions not going beyond mere preparation. Counselling someone to commit a crime brings on liability. 3 requirements. something amounting to counselling must be done. (word, actions, or gestures) needs to be a recipient to counselling action that is being counselled must be an indictable/summary offence. Article was about growing your own marijuana, and the 3 requirements had been met.
