Kembaraxtra-Case Law- Attempting the Impossible: Nock (1978)

Case Summary: Nock (1978)

• Facts:
• Defendant (D) agreed to produce cocaine by separating it from a powder.
• D believed the powder was a mixture of cocaine and lignocaine.
• In reality, the powder contained no cocaine, making production impossible.
• D was convicted of attempting to produce a prohibited drug.
• Holding (Obiter Dicta):
• The possibility of liability for attempting to commit an impossible crime depends on the framing of the indictment.

Key Concepts: Impossibility in Attempt

• Physical Impossibility: The act intended cannot be completed due to physical limitations (e.g., trying to produce cocaine from a substance that contains no cocaine).
• Legal Impossibility: The act intended, even if completed, would not constitute a crime (not directly relevant in Nock, but a general concept).

Indictment Framing and Liability

The Court's obiter dicta in Nock introduced a distinction based on how the charge (indictment) is worded:

• Specific Indictment:
• Description: Charge is narrowly defined, specifying a particular object or circumstance.
• Example: "Attempting to steal a particular piece of property."
• Liability: No liability if the specific act is impossible.
• Precedent: Follows Haughton v Smith (referenced in original material).
• Loose/General Indictment:
• Description: Charge is broadly defined, not specifying particular impossible details.
• Example: "Attempting to steal from V." (Even if V had nothing to steal at that moment, the general act of stealing from V is not inherently impossible).
• Liability: Liability can exist, as the substantive offense, as broadly defined, is not impossible.

Relationship to Haughton v Smith

• Haughton v Smith (not detailed here, but referenced) establishes that if the completed act is legally or physically impossible, there is no liability for attempt.
• Nock refined this by introducing the "framing of the indictment" distinction, suggesting a loophole or alternative interpretation for cases of physical impossibility when the charge is general.