Parke B defined what constituted an attempt in criminal law: ‘The mere intention to commit a misdemeanour is not criminal. Some act is required, and we do not think that all acts towards committing a misdemeanour are indictable. Acts remotely leading towards the commission of the offence are not to be considered as attempts to commit it, but acts immediately connected with it are; and if. in this case, after the credit with the relieving officer for the fraudulent overcharge, any further step on the part of the defendant had been necessary to obtain payment we should have thought that the obtaining credit would not have been sufficiently proximate to the obtaining the money. But, on the statement in this case, no other act on the part of the defendant would have been required. It was the last act, depending on himself, towards the payment of the money, and therefore it ought to be considered as an attempt.’
Judges:
Parke B
Citations:
(1855) Dears CC 515
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 07 December 2022; Ref: scu.254525
