International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue VI, June 2019 | ISSN 2454–6186

Determining the Actus Reus of Attempt: Legal Issues and Options

Uduak Alphonsus Ikono

University of Uyo, Nigeria

Abstract:-The criminal law does not punish people merely for intending to commit a crime, but it may punish attempt aimed at carrying outsuch a crimebecause the conduct constituting the attempt may be as guilty if it fails to achieve its purpose as though it had been successful. Criminal attempt is a generic name for inchoate offences which though short of completion are crimes of their own right. The rationale for criminal attempt is for the prevention of crime. Although a crime of its own, criminal attempt is confronted with many problems. This paper examines the law of attempt, noting the inherent problems associated with it especially the difficulties in determining what constitutes the actusreus of attempt. The paper canvasses inter alia for a reenactment of criminal attempt with a delimiting general rule vestingin the courts discretion on arriving at what constitutes the actusreus.

Keywords: Actusreus of attempt, determining, issues, legal, options

INTRODUCTION

The purpose of crime prevention would be defeated if a man intending to commit a crime were held to be innocent until he had in fact committed the offence intended. Mere intention is not a crime. However, where a man begins to puthis intention into execution by means adapted to the fulfillment of that intention, he may be guilty of a crime even though the main offence is not actually committed. This type of offence is usually called “inchoate” or “preliminary” offence. An inchoate offence is committed even though the substantive offence is not consummated and no harm results. A person may be convicted of an inchoate offence even when the main offence was not completed or where there was an intervening act or involuntary obstruction.
There are other offences that are considered as inchoate in nature due to the fact that they punish conduct that may be preparatory to the commission of other offences. They are often termed precursors offences in the sense that they are crimes in themselves even if the offence they were intended to bring about is not completed. They include such crimes as the crime of burglary in Section 411 of the Criminal Code(breaking and entering a structure with intent to commit a felony therein), which is an attempt to commit some other crime, and assault which is an attempt to commit battery. In this scholarship, although general interest is on inchoate offences main focus is on attempt.