8. Inchoate/Incomplete Offences Flashcards
What is required to commit attempt?
Do not commit the crime but do something more than merely preparatory, with the specific intent to commit the underlying offence
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?
Same as the substantive 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
Actus reus for inchoate offences
Constitute an act not an omission
AND
More than merely preparatory steps are taken towards completion of offence
Mens Rea required for inchoate offences
intention to commit the full offence.
- at time higher standard than substantive offence requires (e.g. murder only intent to kill suffices)
- oblique/conditional intention = still satisfy MR.
R v Campbell (inchoate offences)
Being outside a post office with a threatening note and fake gun = not attempted robbery. Not more than merely preparatory.
R v Geddes (inchoate offences)
Being is school toilets with a knife and rope but no schoolchildren = not attempted false imprisonment. Not more than merely preparatory.
- question is about whether D has taken any steps to commit AR.
Can defendant still be liable for a crime that is factually impossible?
Yes - defendant is judged is accordance with facts as he believed them to be, not as they as.
- ie. still liable for attempted murder even if victim has already died (provided D believes they are still alive).
R v Jones (inchoate offences)
Getting into a car with a loaded gun and pointing it at the victim = satisfied AR for attempted murder. Steps were more than merely preparatory.
Can defendant still be liable for a crime that is impossible through inadequacy?
Yes.
- still be liable even if defendant attempts an offence via inadequate means (ie. trying to poison someone with non-poisonous substance)
What type of offences can be attempted?
Indictable only and either-way offences.
What is the only summary offence that can be attempted?
low-value shoplifting (goods do not exceed £200)
