8. Inchoate/Incomplete Offences Flashcards
What is the necessary bar of conduct that needs to be reached to commit an attempt of a crime?
A defendant is guilty of attempting to commit an offence if they do not complete the crime but do something ‘more than merely preparatory’ towards its commission.
What is the mens rea for attempt, and what is the effect of this?
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)
For example, a defendant must intend to murder someone to be guilty of attempted murder, but they can be guilty of murder if they intend only grievous bodily harm but their actions nevertheless actually kill the victim.
What is factual impossibility and does it prevent liability?
Where defendant attempts an offence which is physically impossible to complete, liability can still arise
What is legal impossibility and does it prevent liability?
Where a defendant, had they completed all acts they had intended, would not have actually broken any law, no liability can attach.
Can a defendant charged with a completed crime also be charged with attempt?
Yes, provided the charge can be sustained, e.g. intent required over recklessness
What is the maximum sentence allowable for attempt of a specific crime?
The same as the completed crime, but the courts do not tend to punish that severely
What is the exception to the rule that attempt can possibly carry the same possible sentence as the completed offence?
The life sentence for attempted murder is discretionary, whereas for murder it is mandatory
What is conspiracy?
An agreement between two or more parties to commit an offence.
Other than agreement between two or more to commit an offence, what else is required for conspiracy?
Nothing
In order for a conspiracy charge to be sustained, does the identity of the other party need to be known?
No
What are the four groups with whom a defendant’s agreement is excluded from conspiracy?
- Minor
- Lacking mental capacity
- Victim, or
- Spouse, if agreement between the two of them only (spousal privilege)
Can a conditional agreement amount to conspiracy?
Yes, provided there is agreement to do something based on the condition, and it is more than just negotiating, encouraging, or assisting
What are the two different categories of multiple-party conspiracies?
- Chain conspiracies
- Hub and spoke conspiracy
What is a chain conspiracy?
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
What is a hub and spoke conspiracy?
Where the parties to the sub-agreements are unconnected and reasonably independent, it will be considered as a number of different conspiracies
Do the same concepts of factual and legal impossibility apply to conspiracy?
Yes!
* As with attempt, if parties agree to commit an act that is factually impossible, they are guilty of an offence.
* If they agree to commit an act believing it to be illegal but which is, in fact, not illegal, they would not be guilty of a conspiracy.
What is the required mental state for conspiracy?
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
What is required in terms of timing of both parties’ intent to conspire?
At the point that the agreement to commit the offence is formed, there must be at least two parties who intend to form it, i.e., their intention must coincide.
