Cecily Zamora
The concept of factual impossibility in common law is a complex topic that has been the subject of much debate and confusion. Factual impossibility refers to a situation where an individual attempts to commit a crime, but the completion of the crime is impossible due to certain facts or circumstances unknown to the individual at the time of the attempt. While legal impossibility is considered a valid defense in common law, factual impossibility is generally not accepted as a defense. This means that even if the crime was impossible to carry out due to unforeseen circumstances, the individual can still be held criminally liable for their intentions and actions. The distinction between legal and factual impossibility is crucial in understanding the application of defenses in attempted crimes under common law.
| Characteristics | Values |
|---|---|
| Legal impossibility | Is a defense in common law |
| Factual impossibility | Is not a defense in common law |
| Legal impossibility example | Trying to sell a legal item thinking it's stolen |
| Factual impossibility example | Attempting to pickpocket someone who doesn't have a wallet |
| Factual impossibility example | Trying to poison someone but unknowingly using flour instead of fentanyl |
| Factual impossibility example | Attempting to murder someone by shooting at a hole in the roof where they were moments before |
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What You'll Learn
Factual impossibility is not a valid defence under common law
Legal impossibility, on the other hand, is a valid defence in common law. This is because the intended act does not constitute a crime. For example, if someone attempts to steal property believing it to be valuable and it turns out to be worthless, they may have a defence based on legal impossibility because the act they intended to commit is not legally recognised as a crime.
Factual impossibility exists when a person intends to commit a crime, but it is impossible to do so due to some physical or factual condition. For example, attempting to pickpocket someone who has no wallet on them, or trying to perform an abortion on a woman who is not pregnant. In these cases, the defendant still had the required criminal intent, and the presence of this intent is sufficient to uphold charges.
The distinction between legal and factual impossibility can be confusing. Legal impossibility is when a person believes they are committing a crime, but the act is, in fact, lawful. For example, a person may believe they are receiving stolen goods, but the goods are, in fact, not stolen. Factual impossibility, on the other hand, is when the facts present at the time of the attempt, but unknown to the actor, make the intended crime impossible to commit.
It is important to note that the defence of impossibility has been abandoned in some jurisdictions, such as the United States Model Penal Code.
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Legal impossibility is a valid defence under common law
Factual impossibility, on the other hand, pertains to physical or factual conditions that prevent the completion of a crime. It exists when a person intends to commit a crime, but it is impossible to do so due to some physical or factual circumstance. For example, attempting to pickpocket someone who has no wallet on them. In this scenario, the defendant cannot use factual impossibility as a defence because the intent to commit the crime remains relevant.
The distinction between legal and factual impossibility is crucial in criminal attempt law. Legal impossibility serves as a defence because the intended action does not constitute a crime. Conversely, factual impossibility is not a defence because it pertains to mere physical impossibilities that do not negate the intent to commit the crime. The presence of the required criminal intent is considered sufficient to uphold charges, even if the completion of the crime was rendered impossible by the facts of the case.
It is important to note that the defence of legal impossibility has been abandoned in some jurisdictions, such as under the United States Model Penal Code. According to the Code, a defendant is guilty of attempting to commit a crime if they purposely engage in conduct that would constitute the crime if the attendant circumstances were as they believed them to be. This eliminates the distinction between legal and factual impossibility, holding individuals accountable for their attempted crimes regardless of the actual legality of the act.
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Factual and legal impossibility are distinct concepts
On the other hand, factual impossibility exists when an individual intends to commit a crime, but it is impossible to do so due to certain facts or circumstances. For instance, attempting to pickpocket someone who has no wallet on them. In this scenario, the intent to commit the crime is still present, and common law considers this sufficient to uphold charges even if the completion of the crime was prevented by factual impossibility.
The distinction between these two concepts is important in understanding the application of defences in attempted crimes. While legal impossibility can serve as a defence, factual impossibility typically does not excuse an individual from criminal liability. This is because the intent to commit the crime remains relevant in both cases, and the presence of criminal intent is often sufficient for charges to be upheld.
It is worth noting that some jurisdictions, such as the United States Model Penal Code, have abandoned the legal impossibility defence. According to the Code, a defendant can be found guilty of attempting to commit a crime if they purposely engage in conduct that would constitute the crime if the circumstances were as they believed them to be. This approach aims to address the complexity and confusion surrounding the defence of impossibility in criminal attempt law.
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Factual impossibility relates to physical or factual conditions
Factual impossibility refers to situations where a person intends to commit a crime, but it is impossible to do so due to some physical or factual condition. In other words, it pertains to the physical or factual circumstances that prevent the completion of a crime.
For example, in the case of People v. Lee Kong, the defendant was found guilty of attempted murder for shooting at a hole in the roof, believing his victim was there, but they were not. This is a case where the intended crime was impossible to commit due to the victim's absence, a fact unknown to the defendant at the time of the attempt.
Another example of factual impossibility is attempting to poison someone but unknowingly using flour instead of poison. In this case, the crime of poisoning someone is factually impossible because the substance used is not toxic.
Factual impossibility is distinct from legal impossibility, where the intended act is believed to be a crime but is, in fact, lawful. For instance, a person may attempt to sell what they believe to be stolen property, only to find out that it was legally obtained. Legal impossibility is a valid defense in common law, whereas factual impossibility is not. This is because the intent to commit a crime exists in both cases, and common law considers the presence of criminal intent sufficient for charges, even if the completion of the crime was prevented by factual circumstances.
It is worth noting that the distinction between legal and factual impossibility has led to confusion and debate, with some jurisdictions, like Oklahoma, abandoning the defense of impossibility altogether.
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Intent to commit a crime is relevant in both cases
The concepts of legal impossibility and factual impossibility are often used as defences against criminal charges, particularly in cases of attempted crimes. Legal impossibility occurs when a person believes they are committing a crime, but the act they are attempting is not illegal. For example, a person may attempt to sell what they believe to be stolen goods, only to find out that the goods were legally obtained. In this case, the person's intended action was not criminal in nature, and they can argue that they could not have committed a crime. Legal impossibility is generally accepted as a valid defence in common law.
On the other hand, factual impossibility exists when an individual intends to commit a crime, but it is impossible to do so due to certain facts or circumstances. For instance, attempting to pickpocket someone who does not have a wallet on them. In this scenario, the person still had the required criminal intent, and common law considers this intent sufficient to uphold charges even if the completion of the crime was rendered impossible. Thus, factual impossibility is typically not accepted as a valid defence in common law.
The key distinction between the two types of impossibility lies in the nature of the intended act. In the case of legal impossibility, the intended act itself is not a crime, whereas in factual impossibility, the act is indeed a crime, but its completion is prevented by external factors. This distinction is crucial in determining whether the defence of impossibility can be successfully invoked in a criminal case.
While the defence of legal impossibility can provide grounds for dismissing charges, the defence of factual impossibility is generally not considered a valid excuse for criminal liability. This is because the intent to commit a crime remains relevant and punishable in both scenarios. For example, in the case of People v. Lee Kong, the defendant was found guilty of attempted murder even though the completion of the crime was factually impossible. This illustrates that under common law, the presence of criminal intent can be sufficient for conviction, regardless of whether the crime could physically be carried out.
In summary, the concepts of legal and factual impossibility are important in criminal law, particularly in determining liability in attempted crimes. While legal impossibility can serve as a defence, factual impossibility generally does not excuse the individual from responsibility. The intent to commit a crime is a critical factor that is relevant in both cases and can uphold charges or influence the outcome of a case.
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Frequently asked questions
Legal impossibility occurs when a person believes they are committing a crime, but the act they are attempting is not actually illegal. Factual impossibility occurs when a person intends to commit a crime, but it is impossible to do so due to some physical or factual condition.
Yes, legal impossibility is a valid defense in common law because the intended act does not constitute a crime.
No, factual impossibility is not a valid defense in common law. This is because the intent to commit the crime exists, and common law sees the presence of criminal intent as sufficient to uphold charges.
Examples of legal impossibility include attempting to sell a legal item thinking it is stolen, or trying to smuggle goods that are not actually banned.
