Inchoate offences Flashcards
1
Q
What is the actus reus for an inchoate offence?
A
Act which is more than merely preparatory
2
Q
What is the mens rea of an inchoate offence?
A
Intention to bring about consequences required for full offence
3
Q
Can a defendant have oblique intention for an inchoate offence?
A
Yes
4
Q
Can a defendant have conditional intention for an inchoate offence?
A
Yes
5
Q
How does mens rea for inchoate offences work where the mens rea for the offence includes an element which does not relate to actus reus?
A
mens rea for attempt is intention to achieve what is missing from the actus reus, plus the mens rea for the offence
6
Q
What are the types of impossibility for inchoate offences and will they provide a valid defence?
A
- Non existent crime: will not be liable
- Inadequacy: will be liable
- In fact: will be liable
