Define: Factual Impossibility

Factual impossibility refers to a situation where an individual attempts to commit a crime but is unable to complete it due to circumstances beyond their control. Although the intended crime was impossible to achieve, the individual’s intent and actions are still considered criminal.

Yes, in many jurisdictions, a person can be charged with a crime even if their attempt was factually impossible. The law focuses on the individual’s intent and their actions leading up to the attempted crime, rather than the actual outcome.

Factual impossibility occurs when the intended crime is impossible to commit due to external factors, while legal impossibility refers to situations where the intended act is not a crime under the law. Legal impossibility is generally not considered a valid defence, whereas factual impossibility may be considered as a defence in some cases.

Yes, factual impossibility can be used as a defence in some cases. If the defendant can prove that their actions were factually impossible to result in the intended crime, it may negate the required criminal intent and lead to a dismissal or reduction of charges.

To successfully claim factual impossibility as a defence, the defendant usually needs to demonstrate that their actions were objectively incapable of achieving the intended crime. Mere subjective belief or incompetence is generally not sufficient to establish factual impossibility.

Factual impossibility can potentially be used as a defence for any crime, but its applicability may vary depending on the specific circumstances and jurisdiction. It is advisable to consult with a criminal defence attorney to determine the viability of using factual impossibility as a defence in a particular case.

Yes, there have been several notable court cases where factual impossibility was raised as a defence. One such case is United States v. Thomas, where the court held that factual impossibility is not a valid defence to a charge of attempted possession of child pornography.

In most jurisdictions, a person cannot be convicted of both attempted and completed crimes if their attempt was factually impossible. The law generally recognizes that the individual’s actions, even if criminal in nature, did not result in the commission of the intended crime.

Factual impossibility is primarily a defence used in criminal cases. In civil cases, the focus is more on the harm caused and the liability of the parties involved, rather than the intent to commit a crime.

No, factual impossibility is distinct from abandonment or withdrawal from a criminal attempt. Factual impossibility relates to the objective impossibility of achieving the intended crime, while abandonment or withdrawal refers to the voluntary cessation of criminal activity before its completion.