Law of Criminal Attempt, Third Edition

Author(s):
Eugene Meehan

What’s inside

Table of contents

Details and specs:


This book examines the crime of criminal attempt and its historical aspects, why attempt is punished and the definitional elements, including mens rea and actus reus.

Criminal attempt is one of the most important branches of the criminal law since it determines the line between innocence and guilt, and between freedom and imprisonment. The book explores the nature of the crime of criminal attempt and examines its historical aspects, why attempt is punished and the definitional elements, including mens rea and actus reus. The issues that arise when it is impossible to complete the target crime or what happens if the accused voluntarily abandoned the attempt are also thoroughly canvassed. As well, the authors discuss what happens in circumstances where the accused is charged with attempt, but can prove the attempt in fact succeeded. The special evidential and procedural considerations applying to the law of attempt are considered, as well as appropriate sentencing for an attempt relative to the target crime. The general provisions criminalizing attempt are examined and the authors look at how other countries have dealt with this area of law. The instances of specifically legislated attempt offences in Canada are also detailed.

What's New

Criminal attempt is one of the most important branches of the criminal law. It determines the line between innocence and guilt, and between freedom and imprisonment.

The Law of Criminal Attempt, 3rd Edition explores the nature of the crime of criminal attempt and why it is punished. The issues arising when the target crime is not completed or is voluntarily abandoned are thoroughly canvassed.

The 3rd Edition of The Law of Criminal Attempt discusses:

  • what happens in circumstances where the accused is charged with attempt, but the Crown can prove the attempt succeeded
  • special evidential and procedural considerations applying to the law of attempt
  • appropriate sentencing for an attempt relative to the target crime
  • general provisions criminalizing attempt and how other countries have dealt with this area of law

Case Law Highlights

Since the publication of the 2nd Edition in 2000, this 3rd edition incorporates the significant developments in the case law, including:

  • R. v. Savoury (2005 ONCA) – the "Kienapple principle" bars convictions for both attempted murder and aggravated assault based upon same factual transaction
  • R. v. Déry (2006 SCC) – no offence of attempting to conspire to commit an offence
  • R. v. Elliott (2010 BCSC) – the difference in maximum sentences for attempted robbery and robbery reflects Parliament's intention that the completed offence is generally considered more serious and deserving of a longer sentence than an attempted offence
  • R. v. Sarrazin (2010 ONCA) – attempts require proof of 'an intention to commit an offence'
  • R. v. Y. (N.) (2012 ONCA) – conspiracy is complete upon proof of an agreement to carry out an unlawful act
  • R. v. Murphy (2013 SCC) – To attract criminal liability as an aider or abettor to the offence of attempted murder, the accused must either share, or know of the specific intent of the principal to kill the victim
  • R. v. Ravindhraraj (2013 ONCA) – question of "whether the mens rea for offences of attempt (other than attempted murder) includes recklessness is an unsettled area of the law."
  • R. v. Goldberg (2014 BCCA) – 'acts beyond mere preparation' criterion applicable to offence of attempted murder

Publisher:
Carswell

Practice Area:
Criminal Law and Procedure

Jurisdiction:
General

Publication Date:
2015-11-25

Hardcover Specifications

Service #:
30909924

Sub #:
30909924

Pages:
Not available

Shelf Space:
Not available

Volume:
Not available

Anticip Unkeep Cost:
Not available

eBook Specifications

ISBN:
9780779867226