Haughton v Smith
Regina v Roger Smith or more commonly Haughton v Smith | |
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Court | (Judicial Committee of the) House of Lords |
Decided | 21 November 1973 |
Citation | [1975] AC 476, [1973] 3 All ER 1109, [1974] 3 W.L.R. 1 |
Cases cited | Approved/applied: R v M’Pherson (1857) R v Collins (1864) R v Percy Dalton (London) Ltd (1949) R v Donnelly [1975] Disapproved: R v Brown (1889) R v Ring (1892) Overruled: R v Miller (1965) R v Curbishley (1970) |
Legislation cited | none (common law) |
Case history | |
Prior actions | Crown Court Appeal to the Court of Appeal: conviction quashed [1975] AC 476; [1973] 2 WLR 942; [1973] 2 All ER 896; 57 Cr App R 666, |
Subsequent action | None |
Court membership | |
Judges sitting | Lord Widgery C.J., James L.J., Lord Hailsham of St. Marylebone L.C., Lord Reid, Lord Morris of Borth-y-Gest, Viscount Dilhorne and Lord Salmon |
Keywords | |
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Haughton v Smith was a decision of the highest domestic court of England and Wales, which held that it was impossible to commit the crime of handling stolen goods where they were not stolen. In statutorily overturned (bad) law, it was held nor could an offence of attempting to handle them be committed in the same circumstances.
Judgement
Viscount Dilhorne's statement about the impossibility of crimes still often quoted after a 1981 as regards barring the full-offence charge for completed alleged offences (for which full mens rea can be shown) but where the subject matter did not in the event amount to something prohibited:
- A man taking his own umbrella from a club, thinking it the property of someone else, does not steal. His belief does not convert his conduct into an offence. In my view, it matters not that the crime cannot be committed as a result of physical impossibility, e.g. the absence of the property he wants to steal, or of legal impossibility. In either case he cannot be convicted of an attempt when he could not be convicted of the full offence if he had succeeded in doing all that he attempted to do. Conduct which is not criminal is not converted into criminal conduct by the accused believing that a state of affairs exists which does not.
This case was partially overturned as to inchoate (incomplete) offences which can be prosecuted by the Criminal Attempts Act 1981. There is an in-depth discussion of the law of attempted crimes, in particular the debate about criminal liability in issues of impossible crimes.
References
- Haughton v Smith [1973] UKHL 4 (21 November 1973)
- Decision\
- Criminal Law