LEGAL PRINCIPLE: CRIMINAL LAW — Attempt — Proximity Requirement — Acts Must Be Immediately Connected with Offence
PRINCIPLE STATEMENT
To constitute an attempt, the act must be immediately connected with the commission of the particular offence charged and must be something more than mere preparation.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Jegede v. State (2001) NLC-1332000(SC) at p. 13; Paras A–B, adopting Alexander, CJN in Ozigbo v. Commissioner of Police (1976) 1 All NLR 133 at 141.
"To constitute an attempt the act must be immediately connected with the commission of the particular offence charged and must be something more than mere preparation for the commission of the offence."
EXPLANATION / SCOPE
The act constituting an attempt must be immediately connected to the intended offence. It must go beyond mere preparation. Preparation includes acts that are preliminary and not yet directed toward execution. The proximity requirement ensures that only acts that are dangerously close to completion are punished. The court must draw a line between preparation and attempt. The test is whether the act is such that it would naturally lead to the commission of the offence unless interrupted. The principle prevents punishing mere intention or preparatory acts. The rule varies with the nature of the offence. The court considers the totality of the circumstances.