Define legal impossibility in the context of criminal attempts.

Legal impossibility occurs when the defendant believes they are committing a crime but their act would not amount to the full offence, such as handling goods believed to be stolen but which are not.

Provide an example of legal impossibility.

A defendant handles goods believing them to be stolen, but the goods are not actually stolen, so the full offence of handling is not committed.

A defendant receives goods believing them stolen, but they were legitimately purchased. Is this factual or legal impossibility?

Legal impossibility — the full offence is not committed because the goods were not stolen, but the defendant can still be convicted of attempted handling (R v Shivpuri).

Define factual impossibility in the context of criminal attempts.

Factual impossibility occurs when the defendant attempts to commit a crime but unknown circumstances make completion impossible, such as pickpocketing an empty pocket.

Give an example of factual impossibility in an attempt.

A defendant tries to pickpocket someone but the pocket is empty — the crime cannot be completed due to circumstances unknown to the defendant.

A defendant tries to import what they believe is cocaine but it is actually sugar. Is this factual or legal impossibility?

Factual impossibility — the defendant intended to commit a crime but circumstances (the substance being sugar) prevented completion.

OCR A-Level Law H418

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Preliminary Offences

Impossibility and attempt

3 things to know
Component 1

Overview

Recall questions on factual and legal impossibility in criminal attempts with worked examples, the Criminal Attempts Act 1981 rule that impossibility is no bar to conviction, R v Shivpuri, and why there is no attempt where the act believed criminal is not an offence at all.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Process

Can a defendant rely on factual impossibility as a defence to a charge of attempt?

Process

How does the distinction between factual and legal impossibility affect criminal liability for attempt?

Process

How was Anderton v Ryan (1985) overruled?

Questions from this subtopic

Each one with the model answer underneath.

1
Define legal impossibility in the context of criminal attempts.
Model answer
Legal impossibility occurs when the defendant believes they are committing a crime but their act would not amount to the full offence, such as handling goods believed to be stolen but which are not.
2
Provide an example of legal impossibility.
Model answer
A defendant handles goods believing them to be stolen, but the goods are not actually stolen, so the full offence of handling is not committed.
3
A defendant receives goods believing them stolen, but they were legitimately purchased. Is this factual or legal impossibility?
Model answer
Legal impossibility — the full offence is not committed because the goods were not stolen, but the defendant can still be convicted of attempted handling (R v Shivpuri).
4
Define factual impossibility in the context of criminal attempts.
Model answer
Factual impossibility occurs when the defendant attempts to commit a crime but unknown circumstances make completion impossible, such as pickpocketing an empty pocket.
5
Give an example of factual impossibility in an attempt.
Model answer
A defendant tries to pickpocket someone but the pocket is empty — the crime cannot be completed due to circumstances unknown to the defendant.
6
A defendant tries to import what they believe is cocaine but it is actually sugar. Is this factual or legal impossibility?
Model answer
Factual impossibility — the defendant intended to commit a crime but circumstances (the substance being sugar) prevented completion.

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