Criminal 8: Inchoate Offences

Question 1

Elements of Attempt

Answer 1

AR
- act that is more than merely predatory

MR
- D must intend to bring about the consequences required for the full offence
- So if attempted murder – have to pove intention to kill (not just intention to cause GBH)
- IMPORTANT: conditional intent still counts

Question 2

When is an act more than merely predatory?

Answer 2

NOT ENOUGH
- Being outside a post office with threatening note and fake gun – attempted robbery
- Being in school toilets with a knife and rope but no schoolchildren so not near victims

ENOUGH
- Getting into a car with a loaded gun and pointing it at V – attempted murder
- Looking at a padlock with cutting equipment in the hedge (attempted burglary) – proximity is key

Question 3

What are the 3 types of impossibility of crimes and when can attempt be found?

Answer 3

1. non-existant crime (is not a crime but you thought it was)
   - Cannot be guilty
2. Inadequacy
   - use inadequate means to commit crime
   - try to poison someone with something that is not poisonous
   - CAN be guilty of attempt
3. Factual Impossibility
   - try to seal something that is not there // or stab someone who is dead (you thought was alive)
   - CAN be guilty of attempt

Question 4

How can you be convicted for attempt?

Answer 4

1. Charged with complete crime
   - can be convicted for complete crime OR attempt
2. Charged with Attempt
   - can only be convicted for attempt

Question 5

How can you be punished for attempt

Answer 5

• Most attempted offences may be punished to the same extent as the completed crime
• Courts tend to not punish as severely

Question 6

elements of Conspiracy to commit crime

Answer 6

AR
- Making of an agreement between 2+ parties to do something that is criminal (AGREEMENT NOT NEGOTIATION)

MR
- Must intend to form the agreement (2+ people) (need not know it is a crime)
- Must know or intent for each element of crime to be carried out by one of the conspirators

Question 7

What are the limits on conspiracy?

Answer 7

• Cannot conspire with someone incapable of agreeing to conspiracy
• Includes a child or someone who lacks mental capacity
• Spouses cannot conspire with one another (unless 3rd party is involved)
• Proposed victim of the conspiracy cannot be part of conspiracy

Question 8

What are the requirements for intention in conspiracy?

Answer 8

• need not know it is illegal
• must be at least 2+ parties
• must intend or know the all parts of offence will be committed by themselves or conspirators

Question 9

Special case for conspiracy

Answer 9

• D supplied cutting tools to prisoners to escape
• did not intend prisoners to escape as thought attempt would fail
• still liable for conspiracy

Would NORMALLY not be enough to satisfy MR - Only use if exact facts