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Impossible Criminal Attempt watch

    • Thread Starter

    Hi I have the following scenario,
    let's say A shouts and swears at B. Then soon after goes away and writes an email or text which basically threatens B i.e. "I'm going to kill you when I see you !! " BUT due to a mistype error he ends up sending it to a wrong email/number and no one receives the threat.

    My questions are (preferably relation to Scots law but English law helpful as well as it may help clarify some aspects) :

    1) Is A accused of threatening B? (and does his behaviour constitute an offence under S.38 of Criminal Justice & Licensing (Scotland) Act 2010)

    2) Is his conviction wrong? i.e. do his actions constitute as an impossible attempt?

    I have looked at cases involving impossible attempts (but not found one similar to this scenario) and I have looked at the leading authority on impossible attempts Docherty v Brown, but I am still uncertain whether it is or not? Does the principle of preparation to perpetration apply?? Any answers or information to the questions will be extremely helpful.

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