The 'Last Act' Test

Definitions of Terms
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Definitions of Terms
The 'Last Act' Test.
England established the Last Act Test in 1855, after the Case of Regina and Eagleton, which involved fraud. It is a test used to determine whether a criminal engaged in every step led to the accomplishment of the crime (Sood, 2019). For instance, an attempted robbery does not occur until the perpetrator goes to the crime scene like a bank, pulls out a gun demanding cash, and leaves the scene before law enforcers arrive to arrest him. Therefore, the test examines whether the perpetrator left the crime scene the crime is completed. However, lawmakers believe that one does not have to perform the final act to be judged as a criminal. The Last Act Test is no longer in use.
'Physical Proximity' Test
To avoid the practical challenges of determining the Last-Act Test, most courts use the physical proximity test to determine the defendant's preparatory actions towards completing the intended crime. The Physical Proximity Test determines the relative distance of the act towards completing the crime (Sood, 2019). The actor needs the agility and talent to commit the crime almost immediately. For instance, if an individual intends to rob a concrete person but is not within the proximity of the act, it fails to satisfy the physical proximity test. The proximity test determines the degree of closeness between the defendant and the completion of the offense. Distance between successful completion of the crime and preparation of the act is the one that is measured. The amount of work to be done, not what has been done, is analyzed. In some jurisdictions, if the defendant's intent is clear and comes close to completing the crime, he might not be guilty. However, most defendants reach the final act, thus completing the crime.
An excellent example of the Physical Proximity Test involves a defendant who intends to set a building ablaze. The perpetrator strategically positions the combustible materials in the building and leaves. After driving a quarter a mile, he decides to come back and detonate the combustible materials. However, while he is away from the crime scene, law enforcers get information about his suspicious activities. They confront the criminal and arrest him on his return before he executes the crime completely. The court finds him guilty of the crime because of the plans he had already set down before completing the arson crime.
The 'Dangerous Proximity' Test
The test is applicable in determining how dangerously close the defendant was towards completing the offense (Sood, 2019). The court analyses whether the defendant had successfully gone beyond the preparation stage for the offense and if one attempted to commit the crime. An example of a dangerous proximity test is when an individual walks around a building, dousing its walls with gasoline and leaves. This instance offers sufficient evidence of an act under a dangerous proximity test.
The 'Indispensable Element' Test.
It is a test used to determine whether the defendant had obtained all the essential features required in executing a crime (Krasniqi, 2019). It means investigating whether the perp...