inchoate offences

Question 1

what is the definition of attempt?

Answer 1

with intent to commit an offence a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence

Question 2

what are examples of acts that are more than merely preparatory?

Answer 2

attempted murder by pointing gun at victim - Jones

attempted burglary by examining lock of barn. had tried to unlock before getting equipment - Totsi

Question 3

examples of acts that are not more than merely preparatory?

Answer 3

being stopped by police on the way to a post office which D intended to rob with a firearm and threatening not is not attempted robbery

Question 4

what is legal impossibility?

Answer 4

D tries to commit a principal offence that is not actually a criminal offence

Question 5

what is factual impossibility?

Answer 5

e.g. D tries to steal empty safe, shoots V with an unloaded gun
“a person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible”