Inchoate Offences

Question 1

3 Forms of Inchoate offences

Answer 1

1. Attempt (B tried to break into the house is arrested before doing so)
2. Encouraging or assisting crime (A tries to persuade B to burgle a house)
3. Conspiracy (A and B agree to burgle the house)

Question 2

How inchoate offences work; Crime occurs

Answer 2

Crime occurs - Perp gets the full offence, Accessory gets Accessorial liability

Question 3

How inchoate offences work; Crime doens’t occur

Answer 3

Doesn’t occur - Perp gets Attempt and Accessory gets Encouragement or assistance charge

Question 4

How inchoate offences work; Crime is planned

Answer 4

Both Perp and Accessory get conspiracy

Question 5

Encouraging or assisting crime - Old Law

Answer 5

Old Law - incitement

Incitement definition; someone who “Sought to influence the mind of another to the commission of the crime” by

“Suggestions, proposals, request, exhortation, gesture, argument, persuasion, inducement or the arousal of cupidity”

R v Goldman [2001] Crim LR 894

Question 6

The Serious Crime Act 2007; created three new offences

Answer 6

1. Inentionally encouraging or assisting an offence (S.44 SCA 2007)
2. Encouraging or assisting an offence believing it will be committed(S.45 SCA 2007)
3. E or A offences believing one or more will be committed (S.46 SCA 2007)

Question 7

Law Commission (2006) Report 300

Answer 7

Inchoate liability for assisting or encouraging crime; the old law of incitement made D1 guilty where he encouraged a crime; whether or not it took place, while D2 who tried to help could only be liable if it did occur

Question 8

Intentionally encouraging or assisting an offence

Answer 8

S.44 of SCA 2007;
1. A person commits an offence if-
a. he does an act capable of encouraging or assisting the commission of the offence
b. he intends to encourage or assist its commission

Question 9

S.44 of SCA 2007; Part 2

Answer 9

But his not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequences of his act

Both D and P can be liable under S.44 - see the facts in Goldman [2001] Crim LR 594

Question 10

Encouraging or assisting an offence believing it will be committed

Answer 10

S.45 of SCA 2007;
A person commits an offence if-
a. he does an act capable of encouraging or
assisting the commission of an offence; and
b. He believes-
i) that the offence will be committed; and
ii) that his act will encourage or assist its commission

Question 11

What is belief?

Answer 11

It is a state of awareness short of knowledge but greater than mere suspicion

Question 12

Sadique [2013]

Answer 12

It is not necessary to specify each possible offence as a separate count on the indictment

Question 13

S.46 of the SCA 2007:

Answer 13

1) A person commits an offence if-
a. he does an act capable of encouraging or assisting…
b. He believes;
i) One or more of these offences will be comitted
ii) that his act will Enc or Assist the commission of one or more of them

Question 14

S.46 of SCA 2007: Part 2

Answer 14

2) It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be enc or assist

Question 15

S.50 SCA 2007; Defence of Acting Reasonably Part 1

Answer 15

1) A person is not guilty of an offence under this part if he proves-
a) that he knew certain circumstances existed; and
b) that it was unreasonable for him to act as he did in those circumstances

Question 16

S.50 SCA 2007; Defence of Acting Reasonably Part 2

Answer 16

A person is not guilty of an offence under this part;
a. That he believed certain circumstances to exist
b. that his belief was reasonable and
c. that it is was reasonable for him to act as he did in the circumstances as he believed them to be

Question 17

S.50 SCA 2007; Defence of Acting Reasonably Part 3

Answer 17

Factors to be considered in determining whether it was reasonable for a person to act as he did include-
a. the seriousness of the anticipated offence
b. any purpose for which he claims to have been acting
c. any authority by which he claims to have been acting

Question 18

Conspiracy in law

Answer 18

1. Common Law conspiracy
   a. to defraud
   b. conspiracy to corrupt public morals or to outrage public decency
2. Statutory conspiracy (S.1 Criminal Law Act 1977)

Question 19

Statutory conspiracy

Answer 19

S.1 CLA 77’ requires;
1. agreement
2. Course of conduct will be pursued

Question 20

Statutory conspiracy 3-4

Answer 20

3. Which will necessarily amount to an offence if carried out in accordance with the defendants intentions
4. The defendants had an intention to agree

Question 21

Statutory conspiracy 5-6

Answer 21

5. The defendants had an intention that the agreement will be carried out
6. The defendants had an intention or knowledge as to any circumstances forming part of the substantive offence

Question 22

Statutory Conspiracy; Mens Rea anderson [1986]

Answer 22

“…beyond the mere fact of agreement, the necessary mens rea of the crime is, in my opinion, established if, and only if, it is shown that the accused, when he entered into the agreement, intended to play some part in the agreed course of conduct in furtherance of the criminal purpose which the agreed course of conduct was intended to achieve. Nothing less will suffice; nothing more is required.”

Question 23

Statutory conspiracy; Mens Rea Siracusa [1990]

Answer 23

“…Lord Bridge [in Anderson] cannot have been intending that the organiser of a crime who recruited others to carry it out would not himself be guilty of a conspiracy unless it could be proved that he intended to play some active part himself thereafter…he is not to be taken as saying that the prosecution must prove that the accused knew the name of the crime…[merely that] he knew that it involved the commission of a crime.”

Question 24

S.2 Criminal Law Act 1977 - Exceptions Part 1

Answer 24

1) A person shall not be guilty of conspiracy to commit any offence if he is an intended victim of that offence

Question 25

S.2 Criminal Law Act 1977 - Exceptions Part 2

Answer 25

2. Shall not be guilty of conspiracy….if the only other person or persons with whom agrees are (both initially and at all times during the currency of the agreement)
   a. His spouse or civil partner
   b. Person under the age of criminal resp
   c. An intended victim of that offence or of each of those offences

Question 26

Conspiracy; Key criticisms

Answer 26

1. Conspiracy renders criminal agreement to commit all criminal offences, no matter how trivial
2. A conspiracy is committed by the mere fact of agreement, irrespective if whether any act is not in pursuit of it

Question 27

Conspiracy; Key criticisms - Lack of defence

Answer 27

There is no defence for those who having agreed to commit an offence, then withdraw from it; even if they go further and thereafter do everything in their power to frustrate their venture