Chapter 10: Inchoate offences

Question 1

What is the actus reus of an attempted crime?

Answer 1

A defendant is guilty of attempting to commit an offence if they do not complete the crime but do something more than merely preparatory

Question 2

What is the mens rea of an attempted crime?

Answer 2

The intention to complete the full offence. E.g. In order to be guilty of murder, the person must intend to commit murder.

Question 3

Can a defendant be guilty of attempting to commit an offence which is factually impossible?

Answer 3

Yes

Question 4

D believes that there is a diamond in V’s bag. D rummages around the bag but cannot find the ring. Is D guilty of attempted theft?

Answer 4

Yes because they rummaged through the bag dishonestly with the intention to permanently deprive the owner

Question 5

Can a defendant be guilty of attempting to commit an offence which is legally impossible?

Answer 5

No