Discuss the Inchoate Offence of Attempt

INTRODUCTION

The Inchoate or incomplete offence of Attempt is non a abhorrence by itself. It is only criminal in relation to a substantive criminal offence. There be two other main Inchoate offences, Incitement and Conspiracy. During this rise we shall discuss crimes of attempt which were subject to common law in the lead the Criminal Attempts cloak 1981(CAA), Ch. 47. This was a result, in part, of the Law Commissions pro deal 102 . The report also recommended swops to the law on Impossibility. It make particular reference to Haughton & Smith and Nock . S1 (4) of the Act provides that s1 only applies to indictable substantive offences. This essay will critically assess whether the CAA has simplified the law on attempt.

DISCUSSION

Background

Glanville Williams argues that CAA did nothing to change the law and in fact muddied the waters. Under the common Law there were two main authorities .

Reg v Eagleton .

The court held that provided the act was sufficiently proximate and the accused had carried pop the last act that was required of him then an attempt had been made. Acts, which were in like manner remote to the crime, were not to be considered.

Stephens Digest of the Criminal Law, fifth Ed (1894), art 50.

An attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupt.

These two contrasting authorities led to confusion, unfairness and contrary decisions. For example Robinson and Stonehouse , both involved insurance fraud. Robinson arranged things to step up as if his Jewellers shop had been robbed. Stonehouse arranged things to appear that he had drowned whilst swimming. In both cases the event which would normally lead to a claim had...

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