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Facts[]

Irving was found inside of a car on a dealership lot making plasticine impressions of keys, which were left in the ignition. He was charged with attempted theft and convicted at trial.

Issue[]

  1. What constitutes "mere preparation"?

Decision[]

Appeal allowed; conviction quashed.

Reasons[]

Irving, from the bench, found that this did not meet the criteria for a charge of attempted theft. The impressions were mere preparation. Irving stated that the distinction may often be difficult to draw, and common sense will be required to resolve the issue.

Ratio[]

The distinction between preparation and attempt will require common sense to draw.

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