Attempt to commit an offence

Attempt to Commit an Offence

In criminal law, an attempt to commit an offence occurs when an individual takes actions towards committing a crime but does not complete it. The concept of attempt recognizes that even if the intended crime is not fully executed, the intent and actions taken towards its commission can still be criminally liable. The law aims to deter individuals from engaging in preparatory activities that could lead to the completion of a criminal act.

Elements of Attempt

To establish the offence of attempt, two primary elements must be proven:

• ★ Mens Rea (Intention): The defendant must have a specific intent to commit the offence. This means that they must have had the intention to bring about the criminal result that constitutes the full offence.
• ★ Actus Reus (Overt Act): The defendant must have taken a clear step towards committing the offence. This step must go beyond mere preparation and be sufficiently proximate to the commission of the intended crime. The act must indicate that the defendant was on the verge of committing the offence.

Distinguishing Preparation from Attempt

One of the key challenges in attempt law is distinguishing between preparatory acts, which are not criminally liable, and acts that constitute an attempt. The law requires that the actus reus of an attempt must involve an action that demonstrates a real and immediate intent to commit the offence. Mere planning or preparation, without a direct move towards the crime, does not qualify as an attempt.

Legal Implications and Punishment

An attempt to commit an offence is treated seriously under the law, and the penalties can be significant, though they are generally less severe than for the completed offence. The punishment for an attempt can vary depending on the nature of the intended crime and the circumstances surrounding the attempt. The rationale is that attempts still pose a threat to public safety and demonstrate the defendant's dangerousness or disregard for the law.

Defences to Attempt

Defendants charged with an attempt can raise various defences, including:

• ★ Impossibility: A defence may be available if it was factually or legally impossible to commit the crime, even if the defendant believed it was possible. However, legal impossibility (where the act, if completed, would not be illegal) can sometimes provide a defence, whereas factual impossibility (where the defendant could not complete the crime due to an external circumstance) generally does not.
• ★ Withdrawal: If the defendant voluntarily abandons the attempt before it is fully completed, they may argue withdrawal as a defence, although this is not always successful if a substantive step has already been taken.
• ★ Lack of Intent: The defendant can argue that they lacked the specific intent required to commit the offence, which is a crucial element of an attempt.

Conclusion

The offence of attempting to commit a crime serves as a crucial deterrent against criminal activities, holding individuals accountable for actions taken towards committing offences, even if the crime is not completed. The legal framework ensures that those with criminal intent cannot escape liability merely because they did not achieve their criminal goal. Understanding the elements of attempt, including the necessary mens rea and actus reus, as well as the available defences, is essential for legal practitioners in assessing and prosecuting cases involving attempted crimes.