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to say that although the current law is in need of reform, the best way forward would be enact a new statutory definition of attempt backed up by a list of examples indicating the type of conduct that should be encompassed by the new test. He wants to adopt the objectivist idea that the defendant has crossed a moral threshold (crossed the Rubicon) [22] and has displayed a degree of moral culpability similar to that of committing the full offence. However he wants to take into account the fact that dangerous conduct is contained in mens rea and those who have dangerous intentions should have liability imposed. Therefore he takes the view that as soon as there is conduct that is corroborative of this aspect of danger, the attempter becomes a defendant. He proposes that the threshold should be one of “vivid danger” of the relevant crime being committed. This still however, seems to somehow fall short of the width necessary to deter attempts and thwart their commission. Although the wording would certainly clear up the bad law of Geddes, cases such as Gullefer would still possess a shroud of uncertainty. Perhaps a better method would involve what L Turner referred to as “unequivocally referable to the commission of the specific crime.” [23] Such a choice of words would certainly make sure (as the word unequivocal implies) that there would be little doubt as to what the defendant was about to attempt and would not muddle the context with the word ‘danger’ as some crimes might be illegal but not necessarily dangerous (smuggling drugs).

Conclusion

Although the development of common law is beneficial in nature, the addition of statute to the legal sphere of attempt has been both illuminating and necessary. Several deficiencies have been rectified and the scope of liability has been significantly widened. Despite the introduction of the Criminal Attempts Act 1981, the present law on the actus reus of attempt is in need of revision. In crimes of attempt liability should only be imposed early on those whose actions come close to the commission of the full crime and display a degree of moral culpability comparable to the one for the full offence. A reformulated definition would be much more effective than the Law Commission’s proposal for reform. This revamped definition needs to escape from the notion that the defendant should have embarked on the commission of the offence in a confrontational way. It is imperative that this new definition be supported by a clear list of examples of conduct constituting an attempt and that the interpretation of this definition becomes a matter of law. Only through clarification and consistency can the law on attempt reflect the blameworthiness of the defendant and the stage at which it is appropriate to convict.
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