Inchoate offences Flashcards
What does an inchoate offence mean?
When the defendant takes some steps towards committing a crime but the full offence is not committed.
When does an inchoate offence occur? (AR & MR)
a) Actus reus:
An act which is more than
merely preparatory to the commission of an offence
b) Mens rea:
An intention to commit the full offence e.g. murder - intention to kill
c) Absence of a valid defence:
A defendant cannot be convicted for a non-existent crime
ACTUS REUS: what do we mean by an act which is more than merely preparatory?
The defendant’s actions are a matter of FACT and decided by the JURY - provided the judge can agree that they were more than merely preparatory
i.e an attempt or not an attempt.
MENS REA: what do we mean by ‘an intention’ to commit the full offence?
- Oblique intent:
Jury may find intention where they are satisfied that the defendant foresaw the result as a virtual certainly.
- Conditional intent:
D only intends to commit an offence subject to certain condition(s), D will still have the sufficient mens rea for an attempt (looking through a bag then deciding not to steal it)
Can a defendant be convicted of a crime impossible to commit?
3 types of impossibility:
* non-existent crime;
* through inadequacy; and
* in fact.
Absence of a valid defence: what do we mean by non-existent crime?
Where the accused believes
that what they are doing is an offence, whereas it is in fact lawful.
cannot turn a lawful act unlawful.
Absence of a valid defence: what do we mean by inadequacy?
A defendant who sets out to commit a crime should not get off simply because they choose a method that is doomed to fail.
Such a defendant will be convicted of an appropriate inchoate offence (ex: attempted murder.)