Attempts- impossible offences Flashcards
Under previous common law, how was an impossible offence dealt with?
Before the criminal attempts act 1991 you could not attempt the impossible.
What is meant by an impossible attempt?
-somebody may prepare and intend to commit a crime but it is impossible.
What is the current act for impossible offences?
Criminal attempts act 1981.
What does the criminal attempts act 1981 state?
-A person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.”
Anderton V Ryan
-Brought cheap video recorder she thought was stolen, told the police about it . Even though she went more than merely prepatory her acts were innocent.
R V Shivpuri (overturned Ryan)
Tried to smuggle drugs, turns out it was harmless snuff, and he was convicted of dealing with prohibited drugs.