Attempted theft

Attempted theft

An attempt is when one does what is ‘more than merely preparatory’ to commit a crime, and that the offence of theft was not complete. When a pickpocket puts his or her hands inside someone’s handbag but did not take anything out, it will obviously constitute an attempt to steal as what he had done was beyond merely preparatory and he had already embarked on committing the crime. 

Similarly, a person grabbing hold of a bag held by another person passing by, and pointing at the person mentioning ‘money’ would also constitute ‘more than preparatory’ steps in committing the offence. 

Attempted theft is treated as a criminal attempt under the Crimes Ordinance. The maximum penalty for an attempt is generally the same as for the substantive offence. Since theft under the Theft Ordinance carries a maximum of 10 years’ imprisonment, attempted theft likewise carries a maximum of 10 years. In practice, sentencing for attempted theft follows similar principles to theft, with the Court considering factors such as the seriousness of the attempt, the offender’s record, and whether aggravating circumstances are present.