Inchoate Offences Flashcards
What are inchoate offences?
Offences which are commenced but not completed
→ Conspiracy
→ Attempt
What is the actus reus & mens rea for conspiracy?
AR: An agreement to a course of conduct that will necessarily amount to or involve an offence
MR:
1. Intention to agree
2. Intention that the offence be committed
What is the actus reus of conspiracy?
An agreement to a course of conduct that will necessarily amount to or an involve an offence
- Must be more than mere discussion but don’t need to agree all details
- Not possible to conspire with: spouse; children under 10; victim
Who can a person not conspire with?
Their spouse; children under 10; the victim
Nb. if there is a third party involved, then both D & D’s spouse can be guilty of separately conspiring with that third party
What is the mens rea of conspiracy?
- Intention to agree + 2. Intention the offence be committed
Nb. HoL held in R v Anderson that can be convicted if play any part, even if believe won’t succeed - but other cases have suggested there must be an intention to achieve result (ie. offence be committed) not just to play a part
Is conditional intent sufficient to establish conspiracy?
Conditional intent (where parties agree will commit offence only if certain circumstances arise) is sufficient to establish both AR & MR of conspiracy
What is the actus reus & mens rea of attempt?
AR: An act which is more than merely preparatory
MR: Intention to carry out the offence
→ Intention to act
→ Intention to bring about missing element of AR
→ Rest of MR of full offence
What is an act which is ‘more than merely preparatory’?
An attempt begins when the merely preparatory act ends & D embarks on the crime proper
eg. took all steps aside from pulling gun - got shotgun, cut off end, went to meet victim = more than merely preparatory
eg. D parked car down road with tools in boot to effect burglary = merely preparatory; D went to property & inspected lock = more than merely preparatory
eg. carrying bag, gun, ransom note but arrested before entering post office = merely preparatory
What is the mens rea for attempt?
An intention to carry out the offence
→ Intention to act
→ Intention to bring about full consequences required to commit offence, ie. carry out missing element of AR + have rest of MR of full offence
eg. MR for attempted aggr crim dam = intention to damage property [missing element of AR] + intent/reckl as to endangering life]
Is conditional intent sufficient to create the MR for attempt?
Yes: conditional intention = intention
eg. picking up bag & look thru but decide nothing worth taking = intention to steal
What is the level of intent required for attempted murder?
Must intend to kill not just intention to cause GBH (ie. level of intent required is higher for attempted murder than for crime of murder)
Nb. indirect intent to kill is enough
eg. woman bombing plane for insurance money - may not have wanted death of those on plane, must have foreseen this outcome as virtual certainty = sufficient MR
Can a defendant be convicted for attempting a non-existent crime?
D attempts to do something which they believe is a crime but is actually lawful → cannot be convicted for non-existent crime!
Will D be liable for attempt if D is incompetent or their chosen method is impossible?
Yes, will still be attempt (incompetence is not a defence)
Is impossibility in fact a defence?
Physical impossibility (eg. kill someone already dead) & legal impossibility (criminal damage on your own property) are not defences to conspiracy or attempt
