General Inchoate Offences Flashcards
What are inchoate offences?
Crimes that are incomplete; D has shown intent or taken steps towards committing a full offence (the principal offence)
What are the three main types of inchoate offences?
Attempt, conspiracy, and encouraging or assisting (under Serious Crime Act 2007)
What does s.1(1) Criminal Attempts Act 1981 state?
A person is guilty of attempt if they do an act more than merely preparatory to committing an offence, with intent to commit it
What is required for the actus reus of attempt?
D must go beyond mere preparation and take steps toward completing the offence
What is the mens rea for attempt?
D must have the intent to commit the full offence, including conditional or oblique intention where applicable
What did R v Jones [1990] establish?
D had gone beyond preparation by pointing a loaded gun at the victim—satisfying attempt actus reus
Why was D in R v Gullefer [1987] not guilty of attempt?
His actions (disrupting a race to reclaim his bet) were not directly linked to the offence of fraud—still mere preparation
What is the difference between legal and factual impossibility in attempts?
Legal impossibility means no offence exists; factual impossibility means D’s intended crime is impossible due to unknown facts
Why was D acquitted in Anderton v Ryan [1985]?
The offence was legally impossible—the item D believed was stolen was not, so no attempt liability
What principle was confirmed in R v Shivpuri [1987]?
Even if the offence is factually impossible (e.g., fake drugs), D can be guilty if they intended to commit the crime
What did Whybrow [1951] establish about attempted murder?
D must have direct intent to kill, not just to cause serious harm
Why was D in Khan [1990] not convicted of attempted rape?
D did not intend all elements of the offence—he mistakenly believed the victim consented
What is required for conspiracy under s.1(1) Criminal Law Act 1977?
An agreement with others to pursue a course of conduct that will necessarily lead to committing a criminal offence
What did Walker [1962] establish about conspiracy?
A criminal agreement alone, even without further action, satisfies conspiracy
What do sections 44–46 of the Serious Crime Act 2007 cover?
Encouraging or assisting crimes, even if D doesn’t commit the offence—based on intent or belief that their actions will help
