Attempt And Impossibility In Criminal Law
📜 Overview: Attempt and Impossibility
Attempt in criminal law occurs when a person, with the necessary intent, takes a substantial step toward committing a crime but ultimately fails to complete it.
Impossibility concerns situations where completing the crime is impossible due to factual or legal reasons. The key question is whether the defendant can be liable for attempting an impossible crime.
⚖️ Legal Principles
Attempt requires:
Intention to commit a crime.
An act that is more than merely preparatory toward the commission of the offense.
Impossibility:
Factual impossibility: Occurs when the crime cannot be completed due to unknown facts. Generally not a defense.
Legal impossibility: Occurs when the intended act is not a crime. Traditionally considered a defense.
The Criminal Attempts Act 1981 governs attempts in English law.
📚 Key Cases on Attempt and Impossibility
1. R v. Eagleton (1876) 1 CCR 59
Facts:
Defendant was charged with attempting to steal money from a pocket where there was no money.
Judgment:
Court held that factual impossibility is not a defense. The defendant intended to steal and took a step toward it.
Legal Principle:
Even if the crime was impossible to complete due to facts unknown to the defendant, liability for attempt exists.
2. R v. Shivpuri [1987] AC 1 (HL)
Facts:
Defendant was caught with a suitcase he believed contained illegal drugs, but it actually contained harmless substances.
Judgment:
The House of Lords overruled earlier law and held that attempting to commit an impossible crime is still punishable.
Legal Principle:
The defendant’s belief and intention are what matter, not the actual possibility of crime completion.
3. R v. Gullefer [1987] QB 149
Facts:
Defendant jumped onto a dog race track to stop the race and reclaim a bet, charged with attempting theft.
Judgment:
Court held that the defendant’s acts were only preparatory, not sufficient for an attempt conviction.
Legal Principle:
There must be an act more than merely preparatory to be guilty of an attempt.
4. R v. Campbell [1991] 2 QB 18
Facts:
Defendant was found outside a post office with a fake gun and threatening note, charged with attempted robbery.
Judgment:
Court held that although preparation was made, no substantial step toward robbery had been taken, so no attempt.
Legal Principle:
Preparation alone is insufficient; the defendant must be engaged in an act that moves closer to the commission of the crime.
5. R v. Brown (1996) 1 Cr App R 149
Facts:
Defendant attempted to import what he believed were illegal drugs but which were in fact harmless.
Judgment:
Reaffirmed the principle in Shivpuri that impossibility is no defense when the defendant believes the act to be criminal.
Legal Principle:
Intention and belief are central to attempt liability, not factual possibility.
6. Attorney-General’s Reference (No. 1 of 1992) [1993] 3 All ER 936
Facts:
Defendant tried to commit rape on a woman who was, unknown to him, not alive.
Judgment:
Court held that factual impossibility did not prevent liability for attempt.
Legal Principle:
Attempt liability applies even when completion is factually impossible.
7. R v. Haughton [1983] 1 WLR 1053
Facts:
Defendant attempted to handle stolen goods that were not actually stolen.
Judgment:
Held that if the goods were not stolen, the offense could not be committed; thus, no attempt.
Legal Principle:
This case represents the traditional view of legal impossibility as a defense.
📝 Summary Table
| Case | Year | Issue | Principle Established |
|---|---|---|---|
| R v. Eagleton | 1876 | Factual impossibility | Not a defense; attempt liable if intent and act present |
| R v. Shivpuri | 1987 | Attempting impossible crime | Attempt liable based on defendant’s belief and intent |
| R v. Gullefer | 1987 | Preparation vs attempt | Acts must be more than preparatory for attempt liability |
| R v. Campbell | 1991 | Mere preparation | Preparation insufficient for attempt conviction |
| R v. Brown | 1996 | Factual impossibility reaffirmed | Belief in commission suffices for attempt liability |
| Attorney-General’s Ref (No.1) | 1992 | Attempt to commit impossible rape | Factual impossibility no defense for attempt |
| R v. Haughton | 1983 | Legal impossibility | Legal impossibility can be a defense to attempt |
🔑 Key Takeaways
Attempt liability requires both intent and a clear act toward completing the crime.
Acts more than merely preparatory are needed to constitute an attempt.
Factual impossibility (e.g., no drugs in suitcase) is not a defense.
Legal impossibility (the intended act is not a crime) can be a defense but is narrowly applied.
Courts focus on the defendant’s intention and belief rather than whether the crime could actually be completed.
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