The police officers conducted inspection of certain areas where many bank robberies had taken place. The policemen found that Young was driving his vehicle in such a way that he was pointing his eyes at the banks. After a few hours, he came out of his vehicle and went towards the entrance of a bank. Young was wearing a cap, and colorless gloves. He had covered his face using his left hand. Astonished to see the bank closed he ran away closing his face. Police blocked Young and asked him to come out of the vehicle. When he came out of the vehicle, they found a.22 caliber pistol and other items in the vehicle. On the basis of the above evidence, the police arrested Young for attempting to commit bank robbery. Young appealed that there was lack of evidence for his conviction.
Issue
Is an individual guilty for attempting to commit an offence if he does anything which may consist of a substantial pace towards committing an offence?
Holding
Yes, essentials of an illegal attempt include intention to commit particular offense, doing something to accomplish the intention and not succeeding to fulfill the offence. Here it constitutes an attempt to commit an offence because these ingredients have been fulfilled in particular case.
Reasoning
The legislature has tried to clear the meaning of attempt under Sec 39-12-101 of the model penal code. According to the model penal code if an individual intentionally involves in a behavior that may amount to the crime if the assistant state of affairs would be as he thinks to be, it constitutes an attempt to commend an offence. Sec 5.01(2) of the Model Penal Code states that the custody of things which may be used for committing a crime or having things which cannot be used for any legal intention shows the intention to commit an offence. In this particular case, Young was not able to complete the crime because the door of the bank was closed which he did not expect. In addition to this the police found gun, gloves and other items which can be used for no lawful act. Taking into account the circumstances of the case, it can be said that the act of Young constituted enough evidence to commit the offence.
Rule
The act committed by Young clearly shows that he had a preparation to steal from the bank. He could not succeed in his attempt only because the bank was closed before he arrived there which he did not expect. Thus Young has to be held guilty of attempting to steal from the bank.
Concurring opinion
The action of Young clearly gives a picture that he had arranged and executed a preparation to steal from the bank. His tricks made it clear that it was a substantial pace for the commission of the offence. Hence he has to be punished for attempting to commit bank robbery and he cannot escape from the law merely because he could not succeed in his attempt due to the changes in circumstance. “In Stewart v/s state it was held that abandonment of an attempted crime does not prevent conviction for attempt where intent has been formed and overt acts towards completion committed” (Kluwer, 2008, p.149).
Dissenting opinion
It was argued that the leaving behind of the gun shows that Young had no intention commit any illegal offence.
Reference List
Kluwer, W. (2008). Criminal Law. Aspen Publishers Online. Web.