Attempting The Impossible Flashcards
What is legal impossibility
D object is not criminal
Does legal impossibility provide a defence
Yes
When does legal impossibility apply
If d carried out all the that he intended but contrary to his belief did not actually commit a criminal offence then an attempt cannot have been committed
Example of legal impossibility
When d smuggles a substance into the uk in mistaken belief that it’s importation and possession is a criminal offence when it’s not. D has not committed a crime
In legal impossibility d objective is … And cannot be altered by
Dos objective was not a criminal offence this fact can’t be altered by d’s mistaken belief that it was
What is factual impossibility
D’s objective was criminal but d mistook the facts of the situation
Does factual impossibility provide a defence
No
When would factual impossibility apply
Where d’s intended objective would have been criminal on the facts that d believed them to be but he failed to complete the crime because it was actually impossible to do so
An example of factual Impossibility
D entered v bedroom with intention of killing v but d actually fires at a pile of laundry mistakenly believing the laundry to be the intended victim
Which case from the House of Lords said the factual impossibility could not be an attempt
Haugton v smith
Why was the decision in haugton v smith critiqued
If d satisfies both the actus reus and men’s rea of an attempt why should he get off
Where did the critism of haugton v smith cumulate
Criminal attempts act which appeared to abolish the defence of factual impossibility j
What does s1(2) criminal attempts act state
A person may be guilty of attempting to commit an offence to which this section applie even though the facts are such that the commission of the offence is impossible
What was decided in Anderton v Ryan
That Mrs Ryan should not be convicted of attempted theft suggesting that factual impossibility could be a defence
Where did the House of Lords revisit the issue of factual impossibility
R v shivpuri
What questioned was asked in r v shivpuri
Whether factual impossibility could be a defence to a crime of attempt
What did the House of Lords decide in r v shivpuri
D intended to smuggle heroine and that his conduct had gone beyond the predatory stage of the intended crime
What happens when the House of Lords re visited Anderton b Ryan in 1987
Overruled using the practice statment stating that it was a wrong decision
In 1987 what was finally decided about factual impossibility
Factual impossibility is not a defence to the crime of attempt
What did shivpuri state in 1987
If d makes a mistake about the facts as in shivpuri which makes the commission of the full offence impossible, d can be guilty of an attempt
What are the two forms of the doctrine of impossibility
Legal impossibility and factual impossibility