Kembaraxtra-Case Law- Haughton v Smith (1975) HL

1. Case Overview

• Key Ruling: Established that an individual cannot be liable for an attempt if the acts performed, even if completed, could never constitute the actual commission of a criminal offense.

2. Core Legal Principle

• Test for Attempt: The defendant's act must "form part of a series which would constitute the actual commission of the offence if it were not interrupted."
• Implication: If the series of acts itself (without interruption) could never lead to a completed crime, then an attempt conviction is impossible.

3. Application

• This case highlights the requirement that the intended crime must be legally possible for an attempt conviction to stand.
• It distinguishes between factual impossibility (where the act, if completed, would be a crime, but circumstances prevent it) and legal impossibility (where the act, even if fully completed, would not constitute a crime). Haughton v Smith addresses legal impossibility.