Reforming the Law of Criminal Attempt: Take Two

Criminal Law Reform Now (JJ Child & RA Duff eds., 2019) at 75

16 Pages Posted: 11 Feb 2019

See all articles by Shachar Eldar

Shachar Eldar

Ono Academic College Faculty of Law

Date Written: January 30, 2019

Abstract

There is little disagreement that the law of criminal attempt is in need of reform, but the correct formula for restructuring it is elusive. The present article traces the failed effort to amend the law governing criminal attempt carried by the Law Commission in its report no. 318, from 2009. Learning from the mistakes of the past, I propose here guidelines for what may be a more theoretically sound and viable solution, particularly in relation to (a) delineating the lower boundary of attempt liability, (b) excluding offences from the applicability of attempt liability, and (c) exempting cases of abandonment from liability.

Keywords: Criminal Liability, Criminal Attempt, Abandonment

Suggested Citation

Eldar, Shachar, Reforming the Law of Criminal Attempt: Take Two (January 30, 2019). Criminal Law Reform Now (JJ Child & RA Duff eds., 2019) at 75. Available at SSRN: https://ssrn.com/abstract=3325714 or http://dx.doi.org/10.2139/ssrn.3325714

Shachar Eldar (Contact Author)

Ono Academic College Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

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