Inchoate offences Flashcards
define attempt
attempt is best defined in The people (AG) v Thorton “as an act done by the accused with a specific intent to commit a particular crime, it
must go beyond mere preparation and must be a direct movement towards the commission after the preparations have been made.”
what difficulties arise in Actus reus for attempt ?
Difficulty comes at the boundaries of the attempt and the preparation.
what was held in the case of R v Eagleton?
It was held that mere intention is not criminal and that Some acts immediately connected with it are required.
What are the facts of R v Campbell
accused loitering outside post office with imitation firearm. The court of appeal held that this amounted to mere preparation and that he had not initiated commission of the crime yet, therefore there was no attempt
what was held in the case of R v Jones?
getting in car and pointing shotgun at somebody constituted more than preparation, buying the
shotgun and sawing off the barrel was preparation.
what was held in the case of AG v Sullivan?
acts must be sufficiently proximate to the commission of the substantive force in order to be considered an attempt.
What is the mens rea for attempt?
Mens rea for attempt is full-on intention, this remains the case even if a lesser mens rea would suffice for
the full offence.
Impossibility as a defence to a criminal charge
So if a crime is physically or legally impossible to commit, a person can not be convicted of attempted it.
what are the facts of Haughton v Smith (legal impossibility)
police intercepted carriage of stolen beef, but decided to let it continue to see who
intercepted it, accused was charged with attempt to handle stolen goods, however this failed as the goods
were no longer ‘stolen’.
Abandonment (AG v O’Sullivan)
if he abandons plan, he is absolved from liability, depends on when exactly the plan was abandoned.
convictions for attempt
Persons convicted of an attempt may be punished as though they had been convicted of the substantive
offence.
○ ss.3 and 4 CJA 1990 - attempted murder minimum 20 year sentence.
what is conspiracy?
Connelly v Lochney - defined conspiracy as an agreement or combination between two or more persons to carry an
unlawful obect, or a lawful object by unlawful means.
what is the actus reus for conspiracy?
It was defined in the case of R v Parnell. A civil wrong can be criminal if agreed upon by a group eg not paying bills.
will mere preparation amount to a conspiracy?
Similarly to attempts, mere preparation will not amount to a conspiracy. For example, a
conversation about stealing a payroll was held not to amount to conspiracy in R v Walker.
what was held in the case of the people (AG v Keane)
There is no need for the existence of a definite plan to be proven. An agreement to
commit an unlawful act in The People (AG) v Keane was deemed conspiracy under the law even though the parties had not even met.
