The Pitfalls in the Law of Attempt: A New Perspective
The law of attempt is laden with some of the most hotly debated and controversial issues in the criminal law sphere. This article provides a critical and in-depth analysis of most, if not all, of the pitfalls that have bedevilled this area of the law since time immemorial. In particular, the discussion will focus on the type of mens rea required for an attempt, how far an accused must progress toward the commission of the subject offence in order to satisfy the actus reus component of an attempt, whether certain offences are intrinsically incapable of being the subject of an attempt, and whether the various courts and legislatures have agreed upon a universally accepted, coherent, and workable doctrine concerning the status of ‘factual impossibility’ as a defence to an attempt.