Inchoate offences

Question 1

What is an inchoate offence?

Answer 1

Inchoate means unfinished or incomplete.

An inchoate offence occurs when the D 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

Who decides whether a D has committed the actus reus for an inchoate offence?

Answer 3

This is a fact to be decided by the jury, providing the judge is satisfied that the actions are capable of being more than merely preparatory: Criminal Attempts Act 1981, s4(3).

Question 4

What is the mens rea for an inchoate offence?

Answer 4

An intention to commit the full offence e.g. for attempted murder, the D must have an intention to kill.

Question 5

What are examples of acts that will not constitute an inchoate offence?

Answer 5

Being outside a post office with a threatening note and fake gun-Campbell (1990)

Being in school toilets with a knife and rope but no schoolchildren-Geddes (1996)

Question 6

What are examples of acts that will constitute an inchoate offence?

Answer 6

Getting into a car with a loaded gun and pointing it at the victim-Jones (1990)

Looking at a padlock with cutting equipment in the hedge-Tosti (1997)

Question 7

What are the three types of impossibility in relation to inchoate offences?

Answer 7

1. Non-existent crime-this arises where the accused believes that what they are doing is an offence, whereas it is in fact lawful.
2. Inadequacy-this arises where the crime is perfectly feasible but the Ds adopt or seek to adopt a method that cannot work e.g. poisoning someone with a harmless substance.
3. In fact-for example, if D stabs V but V is already dead, then D will be liable for murder.