Criminal Law 7 Inchoate Offences COPY

Question 1

What is an attempted offence?

Answer 1

Where D hasn’t completed a crime but has taken enough steps that the behaviour becomes criminal

Question 2

If you think about committing an offence, have you committed an inchoate offence?

Answer 2

No - inchoate offence occurs once you have taken steps to do so

Question 3

What are the necessary elements for an inchoate offence?

Answer 3

AR:
- act more than merely preparatory
MR:
- intention to commit full offence - must be intention! Not recklessness

Question 4

Is intent to cause GBH enough for attempted murder?

Answer 4

No

Question 5

What is impossibility by a non-existent crime? Is it a valid defence to an inchoate offence?

Answer 5

Where accused believes that what they are doing is an offence, but it’s actually lawful
It is a valid defence

(Import cash)

Question 6

What is impossibility through inadequacy? Is it a valid defence to an inchoate offence?

Answer 6

D adopts/seeks to adopt a method that can’t work
Not a valid defence

Question 7

Is impossibility in fact a valid defence to an inchoate offence?

Answer 7

No

Question 8

Examples of not prepatory

Answer 8

• Robber caught outside post office with note and gun
• ## school with tape and a knife

Question 9

Examples of prepatory

Answer 9

• gun “you are not going to like this” (Jones)
• examine padlock with cutting gear

Question 10

Kevin breaks into a garage that his next door neighbour uses and steals a bicycle. When Kevin’s solicitor investigates the ownership of the garage, he finds that the neighbour has built the garage on land owned by Kevin. He has been charged with attempted burglary. Kevin has broken onto his own land.

Which of the three types of impossibility would be relevant here?

Answer 10

Impossible in fact

Question 11

onna is fed up with her husband Tim. She tells her sister Ursula that she wants to kill him. Ursula lends Donna a gun that Ursula bought the previous week. Donna produces the gun that night whilst Tim is in bed and pulls the trigger. Unknown to either Donna or Ursula, the gun is a replica which is unable to fire. Donna is charged with attempted murder.

Which of the three types of impossibility would be relevant here?

Answer 11

Impossibility through inadequacy