Kembaraxtra-Case Law- Partington v Williams (1979)

Case Summary

• Defendant (D): Took a wallet from her employer's office.
• Intent: Intended to steal money she found inside.
• Outcome: Wallet was empty.
• Initial Conviction: Attempted theft.

Legal Principle

• Ruling: The conviction for attempted theft was overturned.
• Reasoning: There can be no liability for attempted theft when the substantive offense (theft of money) is impossible due to the absence of the intended stolen item (money).

Key Concept: Impossibility

• Definition: A situation where the intended crime cannot physically or legally occur, even if the perpetrator has the intent and performs acts that would normally lead to its completion.
• Application (Partington v Williams): Since the wallet contained no money, the theft of money was impossible from the outset.
• Distinction: This differs from cases where the impossibility arises from an unforeseen obstacle, but the object of the theft was present. In this case, the object itself (money) was absent.