8. Incomplete Offences

Question 1

What is required to commit the offence of attempt?

Answer 1

1. Do not commit the crime but;
2. do something more than merely preparatory;
3. with the specific intent to commit the underlying offence

Question 2

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

Answer 2

The intention to complete the full offence.

Specific intent is required even if the underlying offence is a crime of basic intent (where recklessness is an option)

Question 3

What is factual impossibility and does it prevent liability?

Answer 3

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

Question 4

What is legal impossibility and does it prevent liability?

Answer 4

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

Question 5

What is the maximum sentence allowable for attempt?

Answer 5

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

Question 6

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

Answer 6

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

Question 7

What is conspiracy?

Answer 7

An agreement between two or more parties to commit an offence

Question 8

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

Answer 8

Nothing

Question 9

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

Answer 9

No

Question 10

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

Answer 10

1. Minor (under 10)
2. Lacking mental capacity
3. Victim, or
4. Spouse, if agreement between the two of them only (spousal privilege)

Question 11

Can a conditional agreement amount to conspiracy?

Answer 11

Yes, provided there is

1. agreement to do something based on the condition,
2. and it is more than just negotiating, encouraging, or assisting

Question 12

What are the two different categories of conspiracies?

Answer 12

1. Chain conspiracies
2. Hub and spoke conspiracy

Question 13

What is a chain conspiracy?

Answer 13

If there are sub-agreements which are part of a single large scheme which all parties to the sub-agreement are interested this is considered as one large conspiracy involving all participants

Question 14

What is a hub and spoke conspiracy?

Answer 14

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

Question 15

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

Answer 15

Yes

Question 16

What is the required mental state for conspiracy?

Answer 16

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

Question 17

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

Answer 17

No

Question 18

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

Answer 18

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