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 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 - recklessness is ONLY available for the ‘aggravated’ part of aggravated offences)
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?
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
