| 单词 | attempt |
| 释义 | attempt attempt an attempted crime is one that is not completed. Because the criminal law focuses so much on the mental state of the offender, it has long been established that a mere failure to carry through the act intended by the wrongdoer will not allow him to escape criminal lia- bility. To be criminal, matters must have progressed from prepara- tion to perpetration: thus, the purchase of a mask and a glass-cutting tool may be insufficient whereas wandering the streets at night, mask on face and cutter in hand, might be enough. A hand in a pock- et, which never reaches the wallet, is an attempted theft.In England, the common law has been supplemented by the Crimi- nal Attempts Act 1981, which creates a statutory offence of attempt. This applies to any act that is done with intent to commit an indict- able offence and is more than merely preparatory: Anderson v. Ryan [1985] AC 560. See also R v. Pearman (1984) 80 Cr. App. R 259. It is a crime even to attempt the impossible in terms of the Act and as a result of the decision in R v. Shirpuri [1987] AC 1. In Scotland, in terms of the Criminal Justice (Scotland) Act 1975, all attempts to commit a crime are criminal offences. It is attempted theft even if there is nothing in the pocket to steal: Lamont v. Strathern 1933 JC 33, although it was held not possible to attempt to procure an abortion by supplying the necessary materials where the woman was not in fact pregnant: HMA v. Semple 1937 JC 41. |
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