Odger's English Common Law

CRIMINAL ACT OR OMISSION. Ill
as attempts to commit it, but acts immediately connected with
it are." 1
A. resolves to burn down B.'s hay-rick. He procures a box of matches,
goes to the rick and strikes a match. The wind at once blows it out. So
far, no attempt has been committed. 2 But if he strikes a second match
and, carefully screening it from the wind, brings it close to the rick, when
it is blown out, here an attempt to burn the rick has been committed. If
the least portion of the rick be consumed, he is guilty of the full offence.
Again, if A. resolves to murder B., buys a revolver, loads it and lies in
wait for him, he has so far committed no crime ; he has merely given evi-
dence of a murderous intention. So if when B. approaches, A. raises his
revolver and prepares to take aim at him, this, it is submitted, would not
amount to an attempt. But if he places his finger round the trigger and
deliberately takes aim at B. and is then seized from behind and stopped,
he has probably committed an attempt, although he never fired the
revolver. 3 If he pulls the trigger and the bullet passes over B.'s head, he
has undoubtedly committed an attempt.
To constitute an attempt, then, there must be some act done,,
and an act of such a kind as would, if no interruption had
taken place, have led directly to the commission of the full
offence. This rule was construed formerly so strictly that it
was held that if a man put his hand into the pocket of another
with intent to steal whatever he could find in it, and the
pocket was empty, he could not be convicted of an attempt
to steal. But this is no longer law. 4
On any indictment for any felony or misdemeanour, if it
appear from the evidence that the prisoner did not complete
the offence charged, but that he was guilty only of an attempt
to commit it, he will not therefore be entitled to be acquitted,
but may be found guilty of the attempt and punished accord-
ingly. 5 Any attempt to commit felony may be punished
with hard labour. 6
An attempt to commit any indictable offence is a misdemeanour.
7 But many attempts have been made felonies by
» Per Parke, B., in It. v. Kagleton (1855), Dearsl. at p. 538, cited with approval by
Lord Beading, C. J., in R. v. HoUnsou, [1915] 2 K. B. at p. 348.
2 See, however, K. v. Taylor (1859), 1 F. & F. 511.
8 Cf. R. v. Duckworth, [1892] 2 Q. B. 83 ; R. v. Unneher, [1906] 2 K. B. 99,_
which were, however, cases under a special statute (24 & 25 Vict. c. 100, s. 18.
* R v Collins (1864), 9 Cox, 497. But see R. v. Brown (1889), 24 Q. B. D.
357 ; R. v. Ring (1892), 61 L. J. M. C. 116.
5 14 & 15 Vict. c. 100, s. 9.
s 3 Geo. IV. c. 114. .
'No penalty can be imposed for an attempt to commit an offence which is
# onlypunishablesummarily-