What is the ratio in R v Shivpuri?

Impossibility of completing the intended crime provides no defence to criminal attempt, provided the defendant had the requisite intent and performed acts more than merely preparatory.

What did the court decide in R v Shivpuri?

The House of Lords upheld the conviction for attempted drug dealing, ruling that it was irrelevant that the substances were not actually drugs.

Why is R v Shivpuri important for criminal attempts?

It established the current law on impossibility in attempts, overruling previous authority and clarifying that objective impossibility is no defence to attempt charges.

What is the ratio in R v Shivpuri?

Impossibility of completing the intended crime provides no defence to criminal attempt, provided the defendant had the requisite intent and performed acts more than merely preparatory.

What did the court decide in R v Shivpuri?

The House of Lords upheld the conviction for attempted drug dealing, ruling that it was irrelevant that the substances were not actually drugs.

Why is R v Shivpuri important for criminal attempts?

It established the current law on impossibility in attempts, overruling previous authority and clarifying that objective impossibility is no defence to attempt charges.

Criminal1 min read

R v Shivpuri

[1987] AC 1House of Lords1987

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“Impossibility provides no defence to criminal attempt charges”

Facts

Shivpuri attempted to distribute packages believing them to contain prohibited drugs (heroin or cannabis). The packages actually contained harmless vegetable matter. He was charged with attempting to be knowingly concerned in dealing with prohibited drugs.

Issues

Whether impossibility of completing the intended crime due to the true nature of the substances provided a defence to a charge of criminal attempt.

Held

The House of Lords upheld the conviction. Impossibility was no defence to criminal attempt where the defendant had the necessary intent and performed acts more than merely preparatory.

Significance

This is the leading case on impossibility in criminal attempts, establishing that defendants cannot escape liability merely because completion of their intended crime was objectively impossible. The decision reversed previous law and remains fundamental to understanding attempt liability in cases involving factual impossibility.

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OSCOLA Citation

R v Shivpuri [1987] AC 1 (HL)

Criminal LawCriminal AttemptsImpossibilityInchoate OffencesDrug Offences

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