The Law On Attempt Offences

The purpose of this report is to discuss the matter The Queen V Bayley, which took place on the 29th of September 2012. Adrian bailey (serial rapist) was found guilty on charges of murder and rape, this report will discuss in detail the court proceedings that lead up to the imprisonment of Adrian Bayley and also the events prior to the kidnapping of Jill Meagher. The purpose of this report is to discuss the purpose of law in our society and how it applies to people who commit crimes in our community. As well as the purpose of criminal law in our community.

In Ian McEwan’s Atonement, Michael Chabon’s Wonder Boys and Louise Erdrich’s The Round House the legal system fails to produce just outcomes. In Atonement one of the main characters, Robbie is convicted of raping a young girl, when in fact he is innocent. Despite only unsubstantiated evidence from a 13-year-old girl, he is convicted. Only after the judicial system had failed did the girl wish to recant her former account, but by then it was too late. “ If you were lying then, why should a court believe you now? There are no new facts, and you’re an unreliable witness” (McEwan 82). In this unjust sentencing of an innocent man, Atonement shows that not only does the legal system sometimes err, but that these errors are often particularly difficult to ameliorate. Unfortunately this is not an anomaly. One in nine people sentenced to death row were later exonerated showing that sometimes instead of being the solvency for wrongdoings, the legal system can be the source (Stevenson).

Discuss the potential criminal liability of Jonty and Patrick for the non-fatal offences against the person, including any relevant defences (50 marks)

“We demand of a deterrent not whether it is just but whether it will deter. We demand of a cure not whether it is just but whether it succeeds. Thus when we cease to consider what the criminal deserves and consider only what will cure him or deter others, we have tacitly removed him from the sphere of justice altogether; instead of a person, a subject of rights, we now have a mere object, a patient, a ‘case’.” C.S. Lewis

This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime.

As a general rule, crime involves combination of act and criminal intent. A crime is committed when it is acted upon with a criminal intent. An act of crime without a criminal intent is not a crime. Once an idea of a crime has been communicated and planned out it is considered a conspiracy. A conspiracy is a crime. The crime is justified due to

Hall, D. E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. Retrieved November 10, 2017, from

A person commits an offense if, with intent that a capital felony or murder be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor reasonably believes them to be, would constitute the felony or make the other party its commission.

In addition, attempt has two different subcategories of attempt that are punishable by law. Complete attempt also known as imperfect attempt is when the individual covers all steps to commit crime but fails to follow through, an example of a complete attempt is if a shooter misses his target in a drive by attempt. An incomplete attempt is if the individual is forced to abandon the attempted crime due to reasons beyond one’s control, an example of an incomplete attempt is if the shooter had to abandon location because of known whereabouts by the police. Although, there is a third type of attempt known as the impossible attempt in which the attempt could have been completed had the scenario played out correctly such as if the shooter shot at the targets location and target is not present however this attempt is not a defense in an attempt to commit a crime.

The three key goals victims can pursue through the criminal justice system is to punish the offender, compel law breakers to undergo rehabilitate treatment and restitution. Punishment is usually justified on utilitarian grounds as evil. Although it is argued that making transgressors suffer curbs future criminality in a number of ways. It is said if an offender gets punished by unpleasant and unwanted consequences it will most likely discouraged him/her from breaking the law again. Also it satisfies victims thirst for revenge and prevents future vigilantism and incapacitates dangerous predators so they can be off the streets; a safer community. Rehabilitation, some victims want professionals to help offenders become decent,

Within the criminal law offences require either proof of intention or proof of recklessness as the law is there to punish the people or organisations that end up causing damage or harm by taking

In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert.

The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.

The true definition of intention is not very clear, as there are different definitions by different courts. The term ‘intention’ in criminal law has been defined as direct intention whereby a consequence is intended and desired by the defendant, and indirect (oblique) intentionwhereby the defendant can foresee a virtual certainty.Many seriouscrimes require the proof of intention or recklessness on the part of defendant, and in criminal proceedings, the court or jury must decide whether the accused has the intention or the ability to foresee the result of his actions by reference to all circumstances of the case. Thus, ‘intention’ can be classified as particular, general and

The Supreme Court case, R v Murray[4], states that the appellant pleaded not guilty to one charge of murder – where the appellant was found guilty of manslaughter – where, although the appellant intended to kill the deceased, he was only criminally responsible for manslaughter because of provocation under section 304[5] - where the appellant was sentenced to nine years imprisonment under section 161B[6] - where there was a declaration that the applicant had been convicted of a serious violence offence. Where the case R v McDougall and Collas[7] was applied as a precedent to the final decision of the case.