Docherty v. Brown [1995] ScotHC HCJAC_4 (20 December 1995)

Docherty v. Brown [1995] ScotHC HCJAC_4 (20 December 1995)

A person may be guilty of attempting to commit a crime even if the commission of the crime is factually impossible, provided he has the necessary mens rea and takes positive steps towards perpetration. The appellant's belief that the tablets contained a controlled drug suffices for an attempt under section 19 of the Misuse of Drugs Act 1971. The objections based on impossibility are unsound, and Anderson and Semple are expressly disapproved.

Citation
[1995] ScotHC HCJAC_4
Parties
Appellant: Docherty; Respondent: Brown
Jurisdiction
Scotland
Judgment Date
20 December 1995
Procedural Posture
Criminal Appeal / Appeal Against Sheriff's Decision on Relevancy
Outcome
appeal refused
Legal Topics
Attempts, Impossibility, Mens Rea, Misuse of Drugs Act 1971, Statutory Offences
Criminal Law Attempts Impossibility Mens Rea Misuse of Drugs Act 1971 Statutory Offences

Case Brief

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Parties

Docherty

Appellant

Brown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sheriff's Decision on Relevancy

Legal Issues

  1. 1 Is it possible to be guilty of attempting to commit a crime when the commission of the crime is factually impossible?
  2. 2 Does belief in the existence of a controlled drug suffice for an attempt under section 19 of the Misuse of Drugs Act 1971?

Ratio Decidendi

A person may be guilty of attempting to commit a crime even if the commission of the crime is factually impossible, provided he has the necessary mens rea and takes positive steps towards perpetration. The appellant's belief that the tablets contained a controlled drug suffices for an attempt under section 19 of the Misuse of Drugs Act 1971. The objections based on impossibility are unsound, and Anderson and Semple are expressly disapproved.

Court Disposition

appeal refused

Orders

  • Sheriff's decision affirmed
  • Objections to relevancy repelled