Attempt

Question 0

R v Shivpuri 1987

Answer 0

D transported powder, believing it to be heroin.
Statement to the police confirmed belief.
Powder revealed to be snuff, completely legal.
D found guilty of attempting to harbour drugs.
Appeal: Impossibility of act renders attempt impossible.
Held: Facts as D believed them to be, he attempted.
Impossibility of act negatives actus reus of complete offence, not attempt.

Question 1

Criminal Attempts Act 1981

Answer 1

If D does an act more than merely preparatory to an offence, intending to commit the offence, he is guilty of attempting to commit the offence.
Attempting the impossible can be charged, Shivpuri.