Turner J considered the law of attempt: ‘He who sets out to commit a crime may in the event fall short of the complete commission of that crime for any one of a number of reasons. First, he may, of course, simply change his mind before committing any act sufficiently overt to amount to an attempt. Second, he may change his mind, but too late to deny that he had got so far as an attempt. Third, he may be prevented by some outside agency from doing some act necessary to complete commission of the crime-as when a police officer interrupts him while he is endeavouring to force the window open, but before he has broken into the premises. Fourth, he may suffer no such outside interference, but may fail to complete the commission of the crime through ineptitude, inefficiency or insufficient means. The jemmy which he has brought with him may not be strong enough to force the window open. Fifth, he may find that what he is proposing to do is after all impossible-not because of insufficiency of means, but because it is for some reason physically not possible, whatever means be adopted. He who walks into a room intending to steal, say, a specific diamond ring, and finds that the ring is no longer there, but has been removed by the owner to the bank, is thus prevented from committing the crime which he intended, and which, but for the supervening physical impossibility imposed by events he would have committed. Sixth, he may without interruption efficiently do every act which he set out to do, but may be saved from criminal liability by the fact that what he has done, contrary to his own belief at the time, does not after all amount in law to a crime.’
Judges:
Turner J
Citations:
[1970] CLY 2218, [1970] NZLR 980, [1970] 1 WLR 562
Jurisdiction:
England and Wales
Cited by:
Distinguished – Collins v Wilcock QBD 1984
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She . .
Preferred – Haughton v Smith, On Appeal From Regina v Smith (Roger) HL 21-Nov-1973
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of . .
Cited – Director of Public Prosecutions v Meaden Admn 1-Dec-2003
The defendant had been charged with assaulting a police officer in the execution of his duty. The prosecutor appealed a finding of no case to answer. He had been present in a house when the police executed search warrants. He had refused to obey an . .
Lists of cited by and citing cases may be incomplete.
Police, Crime, Commonwealth
Updated: 06 May 2022; Ref: scu.186338