Inchoate Offences

Question 1

Where do you find the statute basis for inchoate offences?

Answer 1

Criminal Attempts Act 1861

Question 2

What are the requirements for an inchoate offence? What is the authority?

Answer 2

• an act that is more than merely preparatory
• with intent to commit an offence
  Criminal Attempts Act 1981 s.1(1)

Question 3

What is the test for whether an act is more than merely preparatory? Which case established this and what are the facts?

Answer 3

Whether D has embarked on the crime proper
Gullefer (1990) - greyhound race that was going to lose money on so stood up to wave to stop was not attempted theft as not embarked on crime proper

Question 4

In which case about the married man, his mistress and her new man and the gun to his head that had safety catch on, was D held to have embarked on the crime proper, as act was more than merely preparatory?

Answer 4

Jones (1990)

Question 5

In which case about the post-office was D held not to have embarked on the crime proper? What were the facts?

Answer 5

Campbell (1991)
Arrested before stepped foot in, had not threatened cashier with imitation firearm or passed threatening note so acts not more than merely preparatory

Question 6

In which case was the examination of a padlock with cutting equipment left around enough evidence to show that embarked on crime proper for attempted burglary?

Answer 6

Tosti [1997]

Question 7

In which case was a guy masturbating in garden and knocked on door, found with knife and condoms sufficient for attempted burglary and intent to rape?

Answer 7

Toothill [1988]

Question 8

In which case was leaving notes in public places offering money and gifts to lure boys considered as only preparatory acts?

Answer 8

Rowell (1992)

Question 9

In which case was it held that for attempted rape, when D not able to attempt to penetrate other acts demonstrated that had embarked on crime proper?

Answer 9

AG Ref (No 1 of 1992) - state of her clothing, he had interfered with her etc

Question 10

In which case, where there was no interference with V or removal of clothes of D or V was D still held to have embarked on crime proper of attempted rape and why?

Answer 10

Patnaik (1999)

Had violently subdued her with intent to rape

Question 11

What does intent to commit an offence encompass?

Answer 11

MR as to:

• conduct
• circumstances
• consequence

Question 12

What do you have to show for MR as to conduct?

Answer 12

An act that intend to commit. Must be voluntary.

Question 13

What must you show for MR as to consequence of act?

Answer 13

Got to intend the consequence of the substantive offence.

Question 14

Which case established that intent to kill only suffices for attempted murder?

Answer 14

Whybrow (1951)

Question 15

Which case established that need to intend to cause ABH, reckless will not suffice for attempted ABH? Facts?

Answer 15

Mohan [1975]

Drove car at police asking to stop.

Question 16

Which case established that intention for attempts includes oblique intention?

Answer 16

Walker and Hayles [1990]

Question 17

What is the authority for the fact that recklessness as to consent suffices for attempted rape?

Answer 17

Khan [1990]

Question 18

Which case established that suspicion as to stolen property will not suffice for criminal nature requirement of property of scrap metal dealing) and that need intention for all elements of MR of substantive offence?

Answer 18

Pace and Rogers [2014]

Question 19

If D decides to voluntarily withdraw from behaviour can you still have committed an offence? Authority?

Answer 19

Haughton v Smith [1975]
Still an attempt as long as have an act that is more than merely preparatory and intention to commit the substantive offence

Question 20

Where in statute is the assertion that a D can be held liable for attempting to commit the impossible?

Answer 20

Criminal Attempts Act 1981 s.1(2)

Question 21

Which case also confirmed that you can be guilty of an attempt even if commission of the substantive offence is impossible? Facts?

Answer 21

Shivpuri [1987]

Convicted of attempt to deal drugs, thought heroin but actually just vegetable matter