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Words: | Submitted: Mon Jun 19 2006
... for his actions clearly and unequivocally to indicate that his purpose was to commit the crime."1 This was clearly in accordance with the 'second order harm' view and the objectivism theory. "If the defendant's acts showed beyond reasonable doubt the criminal end towards which they were directed then it could be said to be an attempt".2 Rubicon test used in common law is the test, which "a person is not adjudged to be beginning his attempt until he has 'burnt his boats' such that he cannot turn back. Although this test is looser than the last act test, it nevertheless makes it difficult for the law enforcement agencies to intervene when the defendant is on the 'job' but is not yet in a position to execute his plan, for example, because the intended victim has not arrived at the time the arrest is made, or he has not entered the building ...
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