Tag: attempt

Attempt was originally an offence under the common law of England.
Attempt crimes are crimes where the defendant’s actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation.
The essence of the crime of attempt is that the defendant has failed to commit the actus reus (the Latin term for the “guilty act”) of the full offense, but has the direct and specific intent to commit that full offense. The normal rule for establishing criminal liability is to prove an actus reus accompanied by a mens rea (“guilty mind”) at the relevant time (see concurrence and strict liability offenses as the exception to the rule).
Whether the actus reus of an attempt has occurred is a question of fact for the jury to decide after having heard the judge’s instructions regarding the law. The common law precedent is used to distinguish between acts that were merely preparatory and those sufficiently proximate or connected to the crime. However, sometimes it is…