Consultation Paper on Inchoate Offences - Law Reform Commission

2CHAPTER 2ATTEMPTAIntroduction2.01 It is criminal to attempt to commit a crime. Haugh J in ThePeople (Attorney General) v Thornton described a criminal attempt as “anact done by the accused with specific intent to commit a particular crime.” 1This definition has three components:i) “an act” (the actus reus)ii)iii)“intent” (the mens rea)“a particular crime” (the target of the attempt).2.02 This Chapter describes these three components in detail andevaluates different approaches to defining criminal attempt. It also addressesthe issues:i) whether a criminal attempt is committed where it is not possibleto complete the target substantive offence (impossibility)ii)whether a person who ceases in their attempt at crime therebybecomes not liable for attempt (abandonment).2.03 The law on attempt liability in Ireland is found in case law. Anattempt to commit a statutory offence is still a common law offence. 2Describing the law involves setting out the Irish courts‟ interpretation of thecommon law. For some aspects, however, there is no Irish judicial commentand therefore non-Irish courts‟ interpretation of the common law is ofparticular relevance.2.04 A number of substantive offences have their related attemptoffence provided for in statute. Attempted murder is provided for in section11 of the Offences Against the Person Act 1861. Strictly speaking, thisprovision is unnecessary because once murder is an offence known to thelaw, the offence of attempted murder automatically exists. An advantage of12[1952] IR 91, 93.See comments of Walsh J in People (Attorney General) v Sullivan [1964] IR 169,200.21