ATTEMPTING IS CRIMINAL

Actually, attempting to commit a crime, even when one fails to carry out the crime, is a criminal act in itself.

Sounds confusing? Let me explain. If a person attempts to commit a crime, let us say stealing, but for some reason beyond his/her control, was unable to complete the act of stealing, the person is guilty of a crime known as “attempting to steal”. Such a person can serve prison term for just that attempt.

Section 4 of the Criminal Code Act 2004 provides:

“When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence, he is said to attempt to commit the offence”

This simply means that there are stages to committing any offence, be it rape, armed robbery, murder, obtaining under false pretense, kidnapping, etc, and these stages are:

1. Intention
2. Preparation
3. Attempt, and
4. Committing the offence itself.

So, attempt is the last stage before the commission of the offence. Actually, there exist a very thin line between attempt and commission (committing). Each crime would determine what an attempt to commit it would be. For example, Bola intends to kill his step son (Intention), and thus decides to buy a rat poison (Preparation). After buying it, he puts it in the boy’s breakfast(attempt), the boy eats the breakfast, and on realizing that he feels uncomfortable rushes to the nearest hospital. Due to the timely intervention of the medical staff, the poison is flushed out. (I know that it is a weird story, however, you get the point). Bola would not be guilty of murder which has as its punishment, death (Section 319), but “attempt to commit murder”, which has as its punishment “Life imprisonment” (Section 320).

The reason the actual crime, which is murder of the step-son, was not committed.

Another example, I really hope I give a good story. Michael walks into Amina’s apartment (Preparation) with the sole intention of having unlawful sexual activity (rape) with her (Intention). He grips/hits/frightens/threatens Amina (Attempt), but for her shouting and screaming, neighbours come to her rescue. He would not be charged with the offence of rape, because there was no penetration, but he would go down with “Attempt to rape”.

In times past, some courts have held that in order to determine whether an “Act” constitutes attempt or preparation one must consider whether the act/acts that is/are already done by the offender is such that should the offender change his mind, and does not go further with his intention, would be harmless or not.

Let us take our Bola’s case. If Bola, although intending to kill his step-son, had after he bought the poison, decided not to take any further step, he would not be guilty of “attempted murder”. The reason for this is first, preparation is not enough to convict someone for “attempted murder”, it has to get to the stage of “attempt”. On the other hand, if Bola after buying the poison, puts it in his step-son’s breakfast, and for some reason, the boy does not eat it, and it was later discovered to be poisoned, Bola would be guilty of “attempted Murder”. The reason is, the last thing done, is such that even if Bola had changed his mind, and did not take further step, the boy could have been murder, but for circumstance beyond Bola’s control.

Obviously, the line between “preparation stage” and “Attempt” is also thin.

However, the take home from this is that, an attempt, even if the crime is not successfully carried out is criminal, and punishments are attached to it.

Attempt to steal.

Attempt to bulger a house.

Attempt to kidnap

Attempt to rob

Attempt to murder

Attempt to rape.

Attempt to obtain under false pretense.

Attempt to bribe.

Attempt to commit suicide.

The list is endless, so you can add yours in the comment session. Once the law stipulates that a particular act is criminal, a failed attempt to commit it by anybody is an offence punishable by law.