Here's an interesting thought.
Under the law, if two (or more) people conspired to kill a person, as long as they committed an overt act pursuant to the agreement, they can be charged with conspiracy to murder, even if the plan to murder turns out to have been impossible. So if someone agreed with another to poison an intended victim, and invited them to the poisoned meal, or if they deliberately added poison to a meal, but the intended victim didn't show up for the meal, they have still committed conspiracy to murder.
However, it appears to me that if a person acts alone, and not in conspiracy with another, and does the same thing, invites and/or prepares a poisoned lunch, there is no equivalent crime to charge them with.
I'm wondering if the criteria for attempted murder would be met.
11.1-C Conduct must go beyond mere preparation to commit an offence before it can amount to an attempt
Common law requires conduct
proximate to the completed offence before liability is imposed for attempt. The common law requirement of proximity in attempts is the subject of continuing and unresolved contention. A variety of “tests” have been proposed by courts and commentators to determine when preparation ends and the criminal attempt begins.274 Chapter 2 abandons all these attempts to state a test and poses the issue in stark terms. The question is simply: Was the conduct of the defendant “more than merely preparatory”?275 The question requires a conclusion of fact to be drawn in the light of all the circumstances of the case. The South Australian Supreme Court decision in
O’Connor v Killian276 anticipates the
Code provision and provides an example of its application to the offence of attempt to obtain by false pretences. There is common law authority that the question whether the defendant has gone beyond mere preparation must be judged on the facts as the defendant perceived them.277 So, for example, a person who imports a bag of oregano in the belief that it is cannabis is guilty of an attempt to commit the offence of importing a prohibited substance: compare “impossibility”, below 11.1-E. Though nowhere near commission of the offence in reality, the would-be smuggler has passed well beyond mere preparation in their own mistaken conception of the facts.
(The law for conspiracy is on the same page under a different drop-down heading)
In the present case, I'm wondering if a charge of attempted murder against Simon might have made a motive more obvious. IMO