8. Inchoate/Incomplete Offences Flashcards

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1
Q

What is required to commit attempt?

A

Do not commit the crime but do something more than merely preparatory, with the specific intent to commit the underlying offence

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2
Q

What is the mens rea for attempt, and what is the effect of this?

A

It is generally always the intention to complete the full offence, and is therefore sometimes a higher standard than the underlying offence (e.g. where recklessness is an option)

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3
Q

What is factual impossibility and does it prevent liability?

A

Where defendant attempts an offence which is physically impossible to complete, liability can still arise

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4
Q

What is legal impossibility and does it prevent liability?

A

Where a defendant, had they completed all acts they had intended, would not have actually broken any law, no liability can attach

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5
Q

Can a defendant charged with a completed crime also be charged with attempt?

A

Yes, provided the charge can be sustained, e.g. intent required over recklessness

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6
Q

What is the maximum sentence allowable for attempt?

A

The same as the completed crime, but the courts do not tend to punish that severely

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7
Q

What is the exception to the rule that attempt can possibly carry the same possible sentence as the completed offence?

A

The life sentence for attempted murder is discretionary, whereas for murder it is mandatory

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8
Q

What is conspiracy?

A

An agreement between two or more parties to commit an offence

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9
Q

Other than agreement between two or more to commit an offence, what else is required for conspiracy?

A

Nothing

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10
Q

In order for a conspiracy charge to be sustained, does the identity of the other party need to be known?

A

No

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11
Q

What are the four groups with whom a defendant’s agreement is excluded from conspiracy?

A
  1. Minor
  2. Lacking mental capacity
  3. Victim, or
  4. Spouse, if agreement between the two of them only (spousal privilege)
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12
Q

Can a conditional agreement amount to conspiracy?

A

Yes, provided there is agreement to do something based on the condition, and it is more than just negotiating, encouraging, or assisting

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13
Q

What are the two different categories of multiple-party conspiracies?

A
  1. Chain conspiracies
  2. Hub and spoke conspiracy
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14
Q

What is a chain conspiracy?

A

Where there is one large enterprise and all parties to sub-agreements are interested, it will be regarded as one large conspiracy involving them all

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15
Q

What is a hub and spoke conspiracy?

A

Where the parties to the sub-agreements are unconnected and reasonably independent, it will be considered as a number of different conspiracies

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16
Q

Do the same concepts of factual and legal impossibility apply to conspiracy?

A

Yes

17
Q

What is the required mental state for conspiracy?

A

The parties must intend to form the agreement, knowing that all parts of the act (which no party needs to actually know is an offence) will be completed by themselves or other parties to the agreement

18
Q

Does the defendant need to know the conduct to which they are agreeing constitutes a criminal offence?

A

No

19
Q

How therefore could conspiracy be simplified?

A

Conspiracy is essentially intending to agree and agreeing that something will be done which happens to be a crime, whether you know it’s a crime or not

20
Q

What is required in terms of timing of both parties’ intent to conspire?

A

The intention of each party to form the agreement that the act be completed must coincide