Crime Attempts

Anika is an art dealer who wants to buy a specific painting from Nina, a famous artist. However, the painting is too expensive for Anika, so she decides to steal it from Nina’s art gallery. When she thinks no-one is watching, Anika walks over to the painting. She leans across and puts her hands on the frame, getting ready to lift it off the wall. However, Nina sees her and shouts: ‘Please don’t touch!’ Anika leaves empty-handed. Later that day she returns to steal the painting. As she approaches the entrance to the gallery, Anika notices two security guards patrolling the building. She turns around and does not enter the art gallery. Nina is so concerned that the painting might be stolen that she swaps the original with a copy. That night, Anika breaks into the gallery and takes the painting.

Advise whether Anika is criminally liable for the crime of attempted theft in relation to the painting. You do not need to discuss any other crimes in your answer (20 marks)

Attempts – Past Exam Question