Stages Of Crime Preparation Attempt And Commission
Stages of Crime
Criminal law often recognizes that crimes occur in stages. The main stages are:
Preparation
Attempt
Commission (Completion)
Each stage has its own legal significance and potential liability.
1. Preparation
Definition:
Preparation involves planning or arranging the elements necessary for committing a crime but stops short of taking steps that move directly toward the execution of the crime.
Key Points:
Mere intent or planning is generally not punishable as a crime.
The law usually steps in if preparation involves overt acts that clearly show criminal intent, especially for serious crimes (e.g., conspiracy, terrorism).
Hypothetical Case #1: Conspiracy to Commit Bank Robbery
Facts: A group of individuals, A and B, plan to rob a bank. They gather blueprints, buy masks, and rent a vehicle for the robbery. However, they are arrested before entering the bank.
Legal Issue: They were in the preparation stage. They did not yet take an overt act that constituted an attempt to commit the robbery.
Holding: Courts generally treat this as conspiracy, which is punishable even if the crime is not completed, because there was a clear agreement and preparatory acts.
Key Case Reference (Illustrative):
R v. Anderson (Hypothetical) – The court held that buying tools and making plans alone is preparation, but the crime is incomplete until action is taken toward execution.
2. Attempt
Definition:
An attempt occurs when a person takes direct steps toward committing a crime but fails to complete it. The act must be more than mere preparation.
Key Points:
The distinction between preparation and attempt is crucial.
Attempts are punishable under criminal law, even if the intended crime is not completed.
Attempt liability often requires intent + overt act.
Hypothetical Case #2: Attempted Murder Using Poison
Facts: A wants to kill B and puts poison in B’s drink. B accidentally spills the drink before consumption.
Legal Issue: A took an overt act toward committing murder. The crime was not completed due to circumstances beyond the perpetrator’s control.
Holding: Courts would treat this as attempted murder, and A is liable.
Key Case Reference (Illustrative):
State v. Sharma (Hypothetical) – The Supreme Court held that the act of putting poison in the drink constituted an attempt because it was a direct step toward committing the crime, even though the victim did not consume it.
Hypothetical Case #3: Attempted Theft at a Jewelry Store
Facts: C enters a jewelry store with tools and intent to steal, but is caught by security before taking any jewelry.
Legal Issue: The overt act (entering with tools and intent) constitutes an attempt, even though theft was not completed.
Holding: Attempted theft charges apply because C took a substantial step toward completing the crime.
3. Commission (Completion)
Definition:
The commission stage is when all elements of the crime are fulfilled and the crime is fully executed.
Key Points:
Full liability exists at this stage.
Defenses that apply at the preparation or attempt stages may not protect the perpetrator once the crime is completed.
Punishment is generally more severe compared to attempt.
Hypothetical Case #4: Completed Fraud in Online Transactions
Facts: D creates a fake website mimicking a bank and convinces E to transfer $100,000 to a fraudulent account. The money is transferred successfully.
Legal Issue: Fraud is fully executed; all elements of deception and financial harm are complete.
Holding: D is guilty of completed fraud and liable for full criminal penalties.
Hypothetical Case #5: Murder by Stabbing
Facts: F intentionally stabs G with a knife, causing death.
Legal Issue: All elements of murder are satisfied.
Holding: F is guilty of murder in the commission stage, and defenses like “attempt” do not apply.
Legal Principle Connecting the Stages
Preparation Stage – Usually not punishable unless part of conspiracy or terrorism laws.
Example: Gathering materials for a terrorist attack.
Attempt Stage – Direct steps toward committing a crime make the actor criminally liable, even if the crime is not completed.
Example: Attempted burglary or attempted murder.
Commission Stage – Crime is fully executed; full liability applies.
Example: Completed robbery, completed murder.
Case Law Principles (Illustrative):
R v. White (Attempt vs. Completion) – Poisoned drink failed; attempt recognized.
R v. Gullefer (Preparation vs. Attempt) – Taking steps toward theft was deemed attempt when a substantial step was taken.
R v. Stonehouse (Completed Crime) – Full execution of a crime results in complete liability.
Summary Table
| Stage | Definition | Punishable? | Example Cases |
|---|---|---|---|
| Preparation | Planning or arranging for crime | Sometimes (conspiracy, terrorism) | R v. Anderson (hypothetical) |
| Attempt | Direct steps toward crime | Yes | State v. Sharma, R v. Gullefer |
| Commission | Crime is completed | Yes, full liability | R v. White, R v. Stonehouse |
This framework is essential in criminal law because liability and defenses vary depending on whether the perpetrator was in preparation, attempt, or commission stages.
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