Inchoate Offences

Question 1

What is an inchoate offence?

Answer 1

An incomplete or unfinished offence ie the defendant takes some steps towards committing a crime but the full offence is not committed.

Question 2

What is the actus reus for an inchoate offence?

Answer 2

An act which is more than merely preparatory to the commission of an offence

Question 3

What is the mens rea for an inchoate offence?

Answer 3

An intention to commit the full offence eg for attempted murder, the defendant must have an intention to kill

Question 4

What else must there be aside from the AR and MR for criminal liability to attach?

Answer 4

Absence of a valid defence

Question 5

What are the roles of the judge and the jury in finding if acts are more than preparatory?

Answer 5

• question of fact to be decided by the jury
• judge is to be satisfied that the actions are capable of being more than merely preparatory

Question 6

In R v Gullefer, when did Lord Lane determine merely preparatory acts ended?

Answer 6

When the defendant embarks upon the crime proper or the actual commission of the offence

Question 7

What has not been held to be an attempt of a crime ie merely preparatory?

Answer 7

• being outside post office with imitation gun and threatening note
• being in school toilet, with a large knife and rolls of tape

Question 8

What has been held to be more than merely preparatory?

Answer 8

• holding a shotgun and pointing it at the victim
• examining padlock of barn with means to break the padlock

Question 9

What is necessary in relation to the mens rea?

Answer 9

Must be mens rea to cause full offence

Question 10

What is the effect if mens rea of substantive offence can be done recklessly or intentionally?

Answer 10

Only proof of intention is enough

Recklessness not enough

Question 11

Is oblique intent sufficient?

Answer 11

Yes - the jury may find intention to commit the inchoate offence where they are satisfied that the defendant foresaw the result as a virtual certainty

Question 12

Does conditional intent count as intention here?

Answer 12

Yes

Question 13

What if the mens rea of the offence includes an element that does not relate to the actus reus, such as with aggravated criminal damage (intention or recklessness as to endangering life by destruction or damage)?

Answer 13

Then defendant must have state of mind for full offence and they intended to do the physical element which was missing

Question 14

What are the three types of impossibility for committing a crime?

Answer 14

• non-existent crime
• through inadequacy
• in fact

Question 15

What is the effect of D believing what they are doing is an offence when it is in fact lawful?

Answer 15

The D cannot be guilty of any offence/attempted offence

Cannot turn a lawful act into an unlawful act

Question 16

What is impossibility through inadequacy?

Answer 16

Where the crime itself is perfectly feasible but D adopts or seeks to adopt a method that cannot work

Question 17

Can D be convicted of an attempted offence even if there is impossibility of inadequacy?

Answer 17

Yes

Question 18

What if D cannot commit the full crime because it is impossible in fact (ie not murder because V is already dead), will D be guilty of attempt?

Answer 18

Yes - impossibility in fact is no longer a defence