Regina v Geddes: CACD 16 Jul 1996

There need not always be a clear division on the facts between acts which are merely preparatory and actual attempts under the Act: ‘The cases show that the line of demarcation between acts which are merely preparatory and acts which may amount to an attempt is not always clear or easy to recognise. There is no rule of thumb test. There must always be an exercise of judgment based on the particular facts of the case.’
An accurate paraphrase of the English test was to ask whether the available evidence, if accepted, could show that a defendant has done an act which shows that he has actually tried to commit the offence in question, or whether he has only got ready or put himself in a position or equipped himself to do so.

Citations:

Times 16-Jul-1996, [1996] Crim LR 894, (1996) 160 JP 697

Statutes:

Criminal Attempts Act 1981 1(1)

Jurisdiction:

England and Wales

Crime

Updated: 08 October 2022; Ref: scu.88468