R v Husseyn [1978] 1 WLR 1548

Court: Court of Appeal (Criminal Division)

Facts: D was found opening a van containing diving equipment. He admitted to looking for something worth stealing but had not yet identified a specific item.

Issue: Was interfering with the van door more than merely preparatory to the offence of theft?

Held: Conviction quashed. The court found that D had not yet formed the intention to steal a particular item.

Key Judicial Statement: Lord Justice Lawton remarked, "Intention must be specific to the crime; merely looking for something to steal without a clear target does not constitute an attempt."

💡Leveluplaw : To establish attempt, the mens rea of the substantive offence must exist at the time that the defendant takes the more than merely preparatory step.