R v AG’s Reference (No.1 of 1992) [1993] 1 WLR 636

Written By Nicolas Heyes

Court: Court of Appeal (Criminal Division)

Tag: Attempts

Facts: D pinned C to the ground and exposed himself but could not achieve an erection due to intoxication. D was charged with attempted rape.

Held: Conviction upheld. The court found that the actions were sufficiently close to the crime of rape, despite D's physical inability.

Key Judicial Statement: Lord Justice Beldan noted, "The attempt to commit the crime can be upheld even if the defendant is physically incapable of completing the act, provided the intent and actions were proximate to the crime."

Nicolas Heyes
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