Saturday, December 28, 2019

The Law On Attempt Offences - 863 Words

The law on attempt offence is one of three principal crimes linked with inchoate offences – the two other key ones being incitement and conspiracy. This essay will however only be focusing on and assessing the law on attempt offences. Attempt crimes can be classified in two different ways: the first one being when the original plan of a crime fails to succeed as consequence of an unforeseen factor. The second being when the bringing about of a crime fails due to a mistake from the offender’s side. Both categories involve the perpetrator having taken actual steps towards committing the crime, but it failing for unexpected reasons. Simply put – any attempt to bring about a crime is a crime in itself. This all sounds straightforward but in reality, it is far more complicated as what seems – per instance, how do you go about, and why, at all, can someone be punished for a crime which was not even successfully committed – those are questions worth asking. The reason that the conviction of an attempt crime is possible has to do with the fact that the accused has done their best in bringing about the crime. Ergo the mens rea was present, and it was merely external factors that prevented the crime from happening. Thus, the accused can still, and is still seen as a danger to society. Secondly, one should bear in mind that if this kind of interference was not possible, it would be virtually impossible for law enforcement to intervene in crimes that were at the early stages ofShow MoreRelatedExpansion of Criminal Responsibility in Nsw892 Words   |  4 PagesINTRO The expansion of criminal responsibility has broadened the scope of liability and defences applicable in relation to Offences Against the Person. PRINCIPALS AND ACCESSORIES Central to this expansion is determining liability through a persons degree of associated knowledge and participation in a crime. 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