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Here in Australia (using the English common law), an 'attempt' cannot be held to have happened if the substantive offence cannot take place as a matter of law. In the case of the 13 year old girl, if there was such a girl but the guy scared her off at the last moment, he may well be guilty of some offence. But if there is not girl there can be no such offence and therefore no 'attempt'. It is likely for this reason that the new offence 'using the Internet with intent' was created. This kind of thing is not uncommon. The offence of 'causing death through culpable driving' actually has exactly the same proofs as manslaughter (plus the need to be driving a car). The offence was created solely because juries were reluctant to convict for manslaughter in such cases.
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