Abstract

Generally, the mere intention to do a forbidden act is not punishable in law but for the protection of society from what is injurious and offensive, it is necessary to promulgate laws to suppress mischievous tendencies before they hatch into substantive crimes. These mischievous tendencies are punished as inchoate offences. This paper is restricted to criminal attempt, a generic name for inchoate offences which though short of completion are crimes of their own. The paper aimed at examining the law of attempt from the perspectives of the inherent problems associated in the difficulties of determining what constitutes the actus reus of attempt and appraisal of the Kaduna State Penal Code Law 2017 by adopting the doctrinal method of research which analytically studied statutory provisions, case laws, text books, and journals which serve as both primary and secondary sources for the research. Difficulties were observed on the determination of actus reus of criminal attempt. It is recommended that the law on attempt delimit the general rule to vest discretion in the court on actus reus of attempt. It is the recommendation that the Kaduna State Penal Code Law, 2017 should incorporates notes and explanation contained in Notes on the Penal Code, Laws 1963 (amended)