Attempting To Commit An Offence Flashcards
0
Q
What is a conspiracy?
A
A conspiracy is simply an agreement between two or more people to commit any offence.
1
Q
What are the ingredients for Attempting to commit an offence? (Not in the criminal liabilities book)
A
- Conspires
- With any person
- To commit any offence
2
Q
What are the three requirements for an attempt?
A
- intent (mens rea)
- act (actus reus)
- proximate (very close in space of time)
3
Q
How close is proximate?
A
- Ultimate act - necessary to affect the offence is always proximate.
- Penultimate act - necessary to commit the offence is usually proximate.
- Antepenultimate act - necessary to commit the offence is sometimes proximate.
4
Q
What is the penalty for attempting to commit an offence?
A
Life imprisonsment - 10 years’ imprisonment.
Other penalties - half maximum penalty eg burglary is 10 years, attempted burglary is 5 years.
