CaseCast™ – "What you need to know"
Brief Fact Summary. The Defendant, Charles Rizzo (Defendant) and three others planned to commit a robbery. They looked for the man they were supposed to rob, but had not found him when two police officers who were following them arrested them.
Synopsis of Rule of Law. An attempt requires a dangerous proximity to the accomplishment of the crime.
The Court of Appeals has written that, in demarcating punishable attempts from mere preparation to commit a crime, a line has been drawn between those acts which are remote and those which are proximate and near to the consummation.View Full Point of Law
Issue. Did the defendant commit the crime of attempted robbery?
Held. No. While the defendant intended to commit robbery, the four men never found the person they intended to rob. No attempt to rob could therefore be made until the intended victim came into sight.
Discussion. Even though the Defendant here clearly intended to commit the robbery, the element lacking was the proximity to committing the crime.