LEGAL PRINCIPLE: CRIMINAL LAW — Attempt — Definition — Requirements for Constituting Attempt
PRINCIPLE STATEMENT
A person commits an attempt if he intends to commit an offence, puts his intention into execution by means adopted to its fulfilment, manifests his intention by some overt act, but falls short of completing the intended offence through an intervening act or involuntary obstruction.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Jegede v. State (2001) NLC-1332000(SC) at p. 4; Paras A–B.
"If a person intends to commit an offence, and in the process of putting his intention into execution by means he has adopted to its fulfillment, and thereby manifests his intention by some overt act, but actually falls short of his intention to commit that offence intended either through an intervening act or involuntary obstruction is said to commit the attempt of the offence intended."
EXPLANATION / SCOPE
Attempt requires: (1) intent to commit an offence; (2) execution of that intention through adopted means; (3) manifestation of intention by an overt act; (4) falling short of completing the offence due to intervening act or obstruction. The act must be more than mere preparation. The principle distinguishes attempt from preparation. The overt act must indicate the intended offence. The failure to complete is not due to voluntary abandonment but external factors. The definition applies to all criminal attempts. The court examines whether the accused had crossed the line from preparation to perpetration. The rule ensures that only those who have taken substantial steps are convicted of attempt.