5. Inchoate Offences

Question 1

Criminal Law Act 1977, s 1

Answer 1

Statutory conspiracy

Question 2

DPP v Doot

Answer 2

No need for parties have taken steps to carry out their agreement

Question 3

DPP v Nock

Answer 3

Ds need not have settled all details of offence in question but must’ve gone beyond discussing offence and actually agreed to commit it

Question 4

CLA 1977, s 2(2)

Answer 4

People excluded
Spouse
Child under 10
Intended V

Question 5

R v Anderson

Answer 5

No requirement that D intended offence to be committed, merely to play part

Question 6

R v McPhillips

Answer 6

Ignores Anderson - there must be intention that offence be committed

Question 7

R v Jackson

Answer 7

Conditional intent sufficient

Question 8

Criminal Attempts Act 1981, s 1

Answer 8

Attempt

Question 9

R v Jones

Answer 9

D bought shotgun, met V, pointed gun at V and made threat

More than merely preparatory

Question 10

R v Campbell

Answer 10

D arrested outside post office with imitation gun in pocket

D had not ‘embarked on crime proper’

Question 11

R v Geddes

Answer 11

D entered school with knife and rope intending to kidnap

Not more than merely preparatory

Question 12

R v Tosti

Answer 12

Ds examining padlock in barn and had cutting set hidden in hedge nearby
Acts more than merely preparatory

Question 13

R v Whybrow

Answer 13

D must intend to bring about consequences required for full offence

Question 14

A-G’s Reference (No 3 of 1992)

Answer 14

Where AR of offence includes circumstances that could be committed with reckless MR, there must be intention to achieve that part of the full offence which is missing