R v Shivpuri [1987] AC 1 (HL)

Facts

• The defendant, Shivpuri, was apprehended while in possession of a suitcase he believed contained illegal drugs (heroin or cannabis).
• Examination revealed the suitcase actually contained legal snuff, a harmless and non-prohibited substance.
• Shivpuri was charged with attempting to be knowingly concerned with dealing and harboring a controlled drug, under Section 1(1) of the Criminal Attempts Act 1981 and Section 170(1)(b) of the Customs and Excise Management Act 1979.
• The case centered on whether he could be convicted of attempt when, due to a factual mistake, committing the substantive crime was impossible.
• The defendant’s belief in the existence of drugs was central to the determination of liability.

Issues

1. Whether a defendant can be convicted of attempting to commit a crime when it is factually impossible to complete the intended offense.
2. Whether the focus in assessing criminal attempts should be on the defendant’s intent and actions or on the objective possibility of the crime’s completion.
3. Whether the previous precedent set in Anderton v Ryan [1985] AC 560, which emphasized the objective nature of the act, was correct.

Decision

• The House of Lords held that a person can be guilty of an attempt even if the commission of the intended crime is impossible due to factual mistake.
• The Court overruled Anderton v Ryan [1985] AC 560, correcting the approach that had focused on the objective possibility of committing the crime.
• The ruling established that conviction for criminal attempt depends on the intent to commit an offense and conduct that is more than merely preparatory, not the actual possibility of completing the crime.
• The defendant’s mental state and belief in the circumstances were determinative, rather than whether the act could actually result in the crime.

Legal Principles

• Section 1 of the Criminal Attempts Act 1981 requires that, with intent to commit an offense, a person does an act more than merely preparatory to its commission.
• Factual impossibility does not preclude a finding of criminal attempt if the defendant believed the facts permitted completion of the crime.
• What qualifies an act as a criminal attempt is the defendant’s intent and actions, not the objective potential for success.
• The House of Lords’ decision aligned the law of attempts with general principles emphasizing mens rea (criminal intention) over purely objective assessment of conduct.

Conclusion

R v Shivpuri [1987] AC 1 (HL) established that a person may be convicted of attempt based on their criminal intent and actions, even when, unknown to them, the crime was impossible to complete, thereby overruling the contrary precedent in Anderton v Ryan and clarifying the interpretation of criminal liability for impossible attempts.