A direction distinguishing preparation from attempt is usually necessary only when the defence raises the issue. Where the evidence overwhelmingly establishes an attempt and no issue is raised at trial about the preparation/attempt distinction, the failure to give such a direction does not give rise to a miscarriage of justice. Under s 4 of the Criminal Code (Qld), the test formulated by Norval Morris — whether the act cannot reasonably be regarded as having any other purpose than the commission of the specific crime — may be more apposite than the equivocality test.
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