Attempting the impossible

Which act and section is attempting the impossible contained in?

S1(2) of the Criminal Attempts Act 1981

What is the definition of attempting the impossible?

D can be guilty of an attempt even though the commission of the offence is factually impossible.

Shivpuri (1987)

Facts - D thought he was possessing an illegal drug in heroin. It was actually ground vegetable matter.

Principle - He was still guilty of attempting to deal with a prohibited drug.

Jones (2007)

Facts - D tried to solicit young girls for sex, including an adult policewoman who was undercover as a girl of 12 years old.

Principle - He was still guilty for attempting the impossible, inciting a child to do sexual activity.

Pace and Rogers (2014)

Facts - Police sold undercover stolen scrap metal then arrested purchasers.

Principle - Had a defence because it was in lawful possession and so could not possibly commit the crime. Suspicion is not enough. - Legal Impossibility

How is legal impossibility a defence?

A person cannot be guilty of attempting to commit an act which isn’t a crime.

What is the MR for attempting the impossible? - Case?

An intent to commit the offence - Mohan (1976)

Millard and Vernon (1987)

Facts - Ds were charged with attempting to cause criminal damage, a crime where the MR includes recklessness

Principle - Still only guilty if proof of intention could be established.

Whybrow (1951) - Just the principle

MR of attempted murder is only an intention to kill, not an intent to cause serious harm as well as.

What is conditional intent?

If D decides to commit a crime only on the condition that doing it is worth while.

What case is used for conditional intent?

Easom (1971)