Inchoate Offences

Question 1

Which statute lays out conspiracy?

Answer 1

s1(1) Criminal Law Act 1977

Question 2

What is the actus reus of conspiracy?

Answer 2

Agreement between two people

Question 3

Who is not able to form part of a conspiracy according to s2(2)(a)-(c) Criminal Law Act 1977?

Answer 3

(a) Spouses
(b) Children u10
(c) Victims of the conspiracy

Question 4

What does R v Chrastny add to the application of s2(2)(a) CLA 1977?

Answer 4

Spouses can conspire where there is another third party conspirator

Question 5

What does DPP v Doot tell us about the actus reus for conspiracy?

Answer 5

Agreement between two or more people doesn’t require anyone to take any material steps to carry out the crime. Agreement will only terminate out of performance, abandonment or frustration.

Question 6

Which case tells us that not all the details to carry out a crime need to be agreed but conspirators must have gone beyond merely discussing and agreed to commit a crime?

Answer 6

R v Nock

Question 7

Which case demonstrates conspirators must go beyond the negotiation stage?

Answer 7

R v Walker

Question 8

What is the mens rea for conspiracy?

Answer 8

Probably intention to agree to commit the offence, and in the absence of that, intention to play a part in carrying out the offence (R v Anderson)