Attempt and Inchoate offences Flashcards
Subjective criminality v manifest criminality
Mens Rea v Actus Reus
Civil law v Common law
Same except common law includes incitement (= conspiracy, preparatory acts and attempt)
English Law - Conspiracy
Agreement between 2 or more people that a crime will be committed by one of them - Intention that the agreement will be carried out
Intention that the crime will be carried out + No withdrawal accepted
Statutory - Criminal
Common Law Conspiracy - To corrupt public morals
English Law - Encouraging or assisting
Serious Crime Act (II)
- Encouraging or assisting an offence intentionally
- Encouraging or assisting an offense believing it will be committed
- Encouraging or assisting one or more offence(s) believing at least one will be committed
Civil law - Preparatory acts
NL :
- There must be a beginning of completion
- Criminalisation of preparation (only for crimes 8+)
- Maximum penalty is reduced by half
- Only direct intent - Criminal intention (commission of offense more than 8 years)
GR :
- Specific preparatory crimes (terrorism)
Criminal liability for attempts
GR - Art. 22 GCC - Takes step which will immediately lead to the completion
NL - Art. 45 DCC - Manifested itself through the initiation/beginning of the execution of the offense
UK - R v. Gullefer - An act which is more than merely preparatory (defendant has to embark in the crime proper)
Withdrawal
Not accepted in common law
Accepted in NL and GR
Impossible attempts
NL :
- Possible but did not work = Criminal liability
- Completely impossible = No criminal liability
- Legal impossibility = No criminal liability
UK :
- Factual impossibility = Criminal liability
- Legal impossibility = No criminal liability
GR :
- Factual impossibility = Criminal liability
- Stupid attempts which could not lead to the desired effect = Criminal liability but reduced sentence
- Legal impossibility = Defence is possible
