R v Anderton v Ryan [1985] AC 560

Court: House of Lords

Facts: The defendant (D) thought she had bought a stolen video recorder from someone, although the item was not actually stolen. Despite her belief, D was charged with attempting to handle stolen goods, a crime under the Theft Act 1968. She admitted her belief that the goods were stolen but argued that since the goods were not stolen, she should not be liable for an attempt.

Held: The House of Lords quashed the conviction. They ruled that for a criminal attempt, the act must involve some degree of objective criminality; a mere mistaken belief in the criminality of the act is not sufficient to constitute an attempt. The Lords highlighted that mere intention without the criminal act is not enough.

Key Judicial Statement: Lord Bridge remarked, "For an attempt, the act must be criminal; mistaken belief in its criminal nature does not suffice for a conviction."

💡Levelup : This case created confusion about the scope of criminal attempts and was later overruled by R v Shivpuri, which established that even where the criminal act was impossible, a mistaken belief that the crime was being committed could still constitute an attempt.