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door, police who had been tipped off, grabbed the defendant and arrested him. The court found that defendant
had only performed preparatory activities. In the circumstances in which defendant had not even reached the
place of the crime, his conduct would not constitute a punishable attempt 2 . (UK)
2. A, a jeweler who had insured his stock against burglary, hid his jewelry, tied himself up, called for help and
represented to the police that his premises had been burgled. His object was to obtain policy money from his
insurance company. The court decided that his conduct constituted a mere preparation. For the attempt of the
crime, A should have contacted the insurance company and bring a claim for money (UK) 3 .
3. B crashed his car by negligent driving. He drove the car to the forest nearby and reported to the police that it
was stolen. Then he wrote a letter to the insurance company asking whether or not he could claim money. The
court held that defendant did not go beyond preparatory activities (UK 4 )
4. BB left notes in public places offering money to the boys. These notes, which were not indecent in themselves and
did not contain any propositions were designed to lure boys for immoral purposes. He was convicted of attempted
incitement of a child under the age of 14 years to commit an act of gross indecency and appealed. Court of
appeal held that his actions did not go further then preparatory stage (UK) 5
5. B had an affair with a women who then started a relationship with another man, D. When she refused to resume
their association, B applied for shotgun certificate and three days later bought some guns. He shortened the barrel
of one of them and test fired it twice. Three days later he told his wife he was going to Spain to work on their
chalet and left home dressed normally for work. He then changed into a disguise of overalls and crash helmet with
visor down. He waited outside a school where D dropped his daughter off and then jumped into the rear seat and
asked D to drive on. They drove to a grass verge where the appellant took the loaded sawn-off shotgun from a
bag and pointed it at D at a range of some 10-12 inches and said: “you are not going to like this” the safety catch
of the shotgun was in the on position. D grabbed the end of the gun and after a struggle managed to throw it out
of the window and make his escape. Superior court affirmed the judgment and held that B s actions went further
to preparatory activities (UK) 6
6. A decided to poison B by using small doses of poison. The court held that giving the first portion of the poison
to the victim already constituted punishable attempts (UK) 7
7. A decided to burn a property not belonging to him and installed some incendiary items in it. Then he drove away for
several miles and proposed money to B to go and ignite fire. After B had declined his proposal, A went to the
direction of the building but then stopped about a quarter of a mile away and started to hesitate. At this point he was
arrested by the police. The court held that his conduct constituted an attempted arson. (USA, Massachusetts) 8
8. A decided to rob a cashier and together with accomplices waited for him near staircase. The court decided that
his conduct constituted attempted robbery (France 9 )
9. A similar case, with a difference that the defendants were looking for the cashier in the streets of NY but never
found him, was held by the court as preparation of the crime (USA, NY 10 )
10. In order to escape from prison, A started to saw the prison bars. The court held his conduct as an attempted
escape (France 11 )
11. Under the pretext of medical examination, B forced a woman to undress. The court held that this was an
attempted indecent conduct (France 12 )
12. For sale A exposed a car showing a reduced mileage. The court qualified this as an attempted fraud (France) 13
13. A recruited B for killing C and paid him money. The court qualified his conduct as preparation of murder
(France 14 ).
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