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”
• examine padlock with cutting gear