Inchoate Offences Flashcards
What elements does the defendant have for an attempt offence?
The mens rea but not the actus reus
What are the four steps to an offence of attempt?
- the offence in question must be one that can be attempted
- D commits an act
- The act of D must be considered a s being more than merely preparatory
- D must have intended to commit the full offence
What type of offences can be attempted?
Indictable - so indictable only or either way offences
What are the statutory exclusions for attempt?
- commit conspiracy
- aid, abet, counsel or procure
- encourage or assist suicide
- impede an arrest or compound an offence
Can a defendant be liable for attempted low-value shop lifting?
Yes, even though it is a summary only offence, it is an exception
What is meant by more than merely preparatory?
It is usually understood include the circumstances where D has ‘embarked on the crime proper’ or has actually tried to commit the offence in question. Just getting ready or equipped is unlikely to be sufficient
What is the mens rea element for attempt?
The defendant must have intended to commit the offence in question - recklessness not enough
Can the defendant be liable for an attempt where in the circumstances the commission of the offence would be factually impossible?
Yes
Can the defendant be liable for attempt in which the offence is both factually and legally possible but the offence is not committed due to ineptitude or other reasons?
Yes
What is factual impossibility judged according to?
The facts as D believes them to be
If Sam tries to kill Mark by placing poison in Mark’s coffee but actually puts sugar, will Sam be liable for attempt murder?
Yes even though the actual substance was harmless
Mark intends to kill Sam by stabbing her. Mark believes Sam is asleep and stabs her in the throat. In fact, Sam has already died from natural causes. Is Mark liable for attempt murder?
Yes although the offence is factually impossible to commit
Mark stands outside a post office for 30 minutes wearing a motorcycle helmet and carrying an imitation firearm and a threatening note. He never enters the post office and is apprehended outside. Is this more than merely preparatory?
No, he never enters the post office so his actions indicative of mere preparation not more
If Sam was found in the boy’s toilets at a school, carrying a rucksack containing a knife, rope and masking tape but was caught by a member of staff before coming into contact with any children is this more than merely preparatory?
No - Sam has not actually tried to commit the offence in question, merely just got themselves ready to do so
