3 Criminal Attempt

Definition: an attempt occurs where the actor, with intent to commit the offence, does an act that is a substantial step toward (or "more than merely preparatory to") its commission, but the crime fails to complete.The two elements (the analytical skeleton):1. Specific intent to commit the completed offence (the mens of attempt): recklessness or negligence do not suffice — one cannot recklessly attempt (attempt requires aiming at the result; negligence is inattention);2. An act beyond mere preparation (the actus): the tests the world's courts have coined (worth citing by name): - The "last act" test (the proximate step — pulling the trigger; too late-focused: the poison-poured-but-victim-awoke case escapes); - The "proximity" test (dangerously near completion — the Indian and common-law mainstream; how close was the act to the crime?); - The "equivocality" test (the act's appearance — does the conduct, viewed alone, unambiguously spell criminal intent?); - The "substantial step" test (the Model Penal Code's modern standard — strongly corroborative of purpose, with its illustrative list: lying in wait, unlawful entry, possession of materials at the crime scene).Impossibility — attempt's classic puzzle (state all three kinds):1. Factual impossibility is no defence: the gun was unloaded; the pocket was empty (pickpocketing an empty pocket) — the actor's culpability is untouched by hidden facts (attempt stands);2. Legal impossibility (the actus is not,…