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R v Cline (1956), 115 CCC 18 (Ont. CA)

Issue(s):

Can a pattern of conduct demonstrate that the AR was completed?

Ratio:

Next Step Theory - If all the preparatory steps are taken and the next step is the commission of the offence that is sufficient to ground an attempt conviction

Analysis:

Each case must be determined on the facts – circumstantial test.
Evidence of similar acts done by the accused before the offence are relevant for determining MR, and also afterwards if such acts are not too remote is admissible to establish a pattern of conduct for which the court can establish MR.

When the preparation to commit a crime is in fact fully complete and ended, the next step done by accused for the purpose and w/ the intention of committing the crime constitutes an AR sufficient in law to establish a criminal attempt to commit that crime


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