Kembaraxtra-Case Law-Haughton v. Smith (1975) HL: Attempted Handling of Stolen Goods

I. Case Summary

• Facts:
• Police found stolen goods in a van.
• Driver was allowed to proceed to a service station with police escort.
• The destination was where the goods were to be handed over to the defendant (D) and others.
• D was arrested upon arrival.
• Charge: Attempting to handle stolen goods.

II. Key Legal Principle: Mens Rea and Actus Reus in Attempts

• Abandonment as a Defense:
• Before Preparatory Act: If D changes their mind before committing any act that could amount to an attempt, they are not guilty.
• Reason: Lack of mens rea (guilty mind) at the relevant time.
• After Preparatory Act: If D changes their mind after committing an act that is not merely preparatory, they are guilty.
• Reason: No defense of abandonment once the attempt has begun (i.e., actus reus is established beyond preparatory steps).

III. Application to the Case

• The court's ruling implies that D's actions, by being present to receive the goods, had progressed beyond merely preparatory steps, thus establishing the actus reus for the attempt. Even if D had a change of heart at that moment, the attempt had already crystallized.