Inchoate Offences

Question 1

What elements does the defendant have for an attempt offence?

Answer 1

The mens rea but not the actus reus

Question 2

What are the four steps to an offence of attempt?

Answer 2

1. the offence in question must be one that can be attempted
2. D commits an act
3. The act of D must be considered a s being more than merely preparatory
4. D must have intended to commit the full offence

Question 3

What type of offences can be attempted?

Answer 3

Indictable - so indictable only or either way offences

Question 4

What are the statutory exclusions for attempt?

Answer 4

• commit conspiracy
• aid, abet, counsel or procure
• encourage or assist suicide
• impede an arrest or compound an offence

Question 5

Can a defendant be liable for attempted low-value shop lifting?

Answer 5

Yes, even though it is a summary only offence, it is an exception

Question 6

What is meant by more than merely preparatory?

Answer 6

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

Question 7

What is the mens rea element for attempt?

Answer 7

The defendant must have intended to commit the offence in question - recklessness not enough

Question 8

Can the defendant be liable for an attempt where in the circumstances the commission of the offence would be factually impossible?

Answer 8

Yes

Question 9

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?

Answer 9

Yes

Question 10

What is factual impossibility judged according to?

Answer 10

The facts as D believes them to be

Question 11

If Sam tries to kill Mark by placing poison in Mark’s coffee but actually puts sugar, will Sam be liable for attempt murder?

Answer 11

Yes even though the actual substance was harmless

Question 12

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?

Answer 12

Yes although the offence is factually impossible to commit

Question 13

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?

Answer 13

No, he never enters the post office so his actions indicative of mere preparation not more

Question 14

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?

Answer 14

No - Sam has not actually tried to commit the offence in question, merely just got themselves ready to do so