R v Ferriter [2012] EWCA Crim 1772

Court: Court of Appeal (Criminal Division)

Facts: D struggled with C and tried to pull down C’s trousers but was unsuccessful. D was charged with attempted rape.

Issue: had D done a more than merely preparatory act? Was there evidence that he intended to rape the complainant, as opposed to intending to sexually assault her instead?

Held: Conviction quashed. The court found that D's actions were merely preparatory and did not constitute an attempt.

Key Judicial Statement: Lord Justice Aikens remarked, "For an attempt, the defendant’s actions must move beyond mere preparation and be sufficiently proximate to the completion of the crime."

💡Leveluplaw: the prosecution must prove that the defendant specifically intended to commit that offence, and not some other offence.