inchoate offences

Question 1

what does inchoate mean?

Answer 1

unfinished or incomplete

Question 2

when does an inchoate offence occur?

Answer 2

when the D takes some steps towards committing a crime but the full offence is not committed
D’s conduct must reach a certain threshold that warrants criminal liability

Question 3

what is the actus reus for an attempt?

Answer 3

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

Question 4

what is the mens rea for an attempt?

Answer 4

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

Question 5

what are the 3 elements that is needed for an attempt?

Answer 5

• actus reus
• mens rea
• absence of a valid defence

Question 6

what does it mean if a D has an absence of a valid defence?

Answer 6

a D cannot be convicted for non-existent crime

Question 7

who decides if ‘an act is more than merely preparatory’ for an attempt (AR)?

Answer 7

it is one of act and to be decided by the jury

Question 8

is this an attempted burglary? {looking at a padlock with cutting equipment in the hedge}

Answer 8

yes = Tosti

Question 9

is this an attempted robbery? {being outside a post office with threatening note and fake gun}

Answer 9

no = Campbell

Question 10

for attempted murder - what is the MR?

Answer 10

prove D intended to kill
(intention to cause GBH is not enough for attempted murder)

Question 11

if an offence has the MR of intention or recklessness = what must the MR be of a D if attempted with an offence?

Answer 11

must have intention of the attempted offence
cannot be convicted of an attempt if was only reckless

Question 12

is oblique intention enough for an attempted offence? (D foresaw the result as a virtual certainty)

Answer 12

yes it is enough

Question 13

is conditional intention enough for an attempted offence?

Answer 13

yes conditional intention is enough to be convicted of an attempted offence.
conditional intention is where D only intends to commit an offence subject to certain conditions, the D will still have sufficient MR for an attempt

Question 14

on these facts - is there an attempt for theft?
D picks up a bag and looks through it but decides nothing worth taking.

Answer 14

yes could be convicted of attempted theft as there was an intention to steal (conditional intention)

Question 15

what does it mean ‘intention to achieve only what is missing from the full offence’?

Answer 15

it means that the D has intention to achieve the full AR, even though it has not all be sufficient which is why they can be charged with an attempted offence
eg, endangered life = therefore, for aggravated arson just need to intend the element that they didn’t complete which was intention as to damaging property by fire

Question 16

can a D be found guilty of an offence which is impossible to commit?
- non-existent crime
- through inadequacy
- in fact

Answer 16

non-existent crime = no they cannot, this is a defence
through inadequacy = yes can be, no defence
in fact = yes can be, no defence

Question 17

what are the 3 main types of impossibility?

Answer 17

• non-existent crime
• through inadequacy; and
• in fact

Question 18

what does it mean ‘a non-existent crime’?

Answer 18

D believes what they are doing is an offence, whereas in fact it is actually lawful.
cannot turn a lawful act to an unlawful act
(thought you were importing illegal drugs but actually it is not illegal drugs)

Question 19

what is impossibility through inadequacy?

Answer 19

arises where the crime itself is perfectly feasible but the D adopts, or seeks to adopt, a method which cannot work
eg, D tries to kill but cant because they choose a method doomed to fail

Question 20

what is impossibility in fact?

Answer 20

means that eg, if D stabs V but V is already dead then D will be liable for attempted murder

import drugs they though was illegal but turns out it was flour

Question 21

The general rule is that impossibility is not a defence to an attempted offence. Which one of the following types of impossibility might be said to act as a defence?

Answer 21

impossibility through non-existent crimes