Inchoate Offences

Question 1

What is an inchoate offence?

Answer 1

An offence that is not yet complete

Question 2

What are the three types of inchoate offence?

Answer 2

1. ) Attempt
2. ) Conspiracy
3. ) Incitement

Question 3

Attempt:

Answer 3

The Criminal Attempts Act 1981 s1

Question 4

Actus Reus of attempt:

Answer 4

Doing an act which is more than merely preparatory

Question 5

Mens Rea of attempt:

Answer 5

If with intent to commit an offence

Question 6

Attempting the impossible:

Answer 6

s1(2):

Can happen

Question 7

Offences that can’t be attempted:

Answer 7

Summary offences (except if legislated)
No liability attempt to be a secondary party
Offences with particular mens rea (manslaughter, state of affairs offences)

Question 8

R v Gullefer

Answer 8

Facts: D tried to stop a dog race he was losing + was charged with attempting to steal the money

Judgment: Conviction quashed

L.P: -D’sactions were not beyond mere preparation as he would still have to go to the bookmakers and demand his money back

Question 9

R v Jones

Answer 9

Facts: D got into the back of a car and pointed a shotgun at V, following a struggle V escaped unarmed
D argued still 3 steps away from murder (safety, finger trigger )

Judgement: Conviction upheld

L.P: - Act was still capable of being more than merely preparatory

Question 10

DPP v Stonehouse

Answer 10

Judge should leave it to the jury to decide whether or, not the evidence established the attempt

Question 11

R v Geddes

Answer 11

Facts: D was found in the boys toilet of a school with various kidnapping equipment and charged with attempted false imprisonment

Judgment: Conviction quashed

L.P: D’s actions were not beyond mere preparation as he was lying in wait and did not confront a potential victim

Question 12

R v Shivpuri

Answer 12

Facts: D was arrested with a suitcase he confessed to be drugs but upon analysis was just vegetables

Judgement: Conviction upheld

L.P: Even if factually impossible -> still liable for an attempt
OVERRULING Anderrton v Ryan

Question 13

Conspiracy:

Answer 13

Divided between statutory conspiracy and common law conspiracy:

Statutory: The Criminal Law Act 1977 s1

Common law only applies to conspiracy to defraud, corrupt public morals or outrage public decency

Question 14

Actus Reus of conspiracy

Answer 14

Agreement between the parties for a specified course of conduct + see statute

Question 15

Mens Rea of conspiracy

Answer 15

Intention + see statute

Question 16

Conspiracy to defraud:

Answer 16

Two types:

1. ) To cause the victim economic loss by depriving him of some property or right
2. ) To cause a person performing a public duty to act contrary to his public duty

Question 17

Conspiracy to outrage public morals

Answer 17

Knuller v DPP

Question 18

Common law conspiracy and impossibility

Answer 18

DPP v Nock + Alsford:

Impossibility is a defence to common law conspiracy

Question 19

R v Siracusa

Answer 19

Facts: D was convicted of conspiracy of a drug offence

Judgment: Conviction upheld

L.P: -D does not have to intend to play an active part in the agreed course of conduct

Question 20

R v Yip Chiu- Cheng

Answer 20

Facts: Undercover police officer conspired with D to traffic drugs but missed flight and didn’t carry out

Judgment: Conviction upheld

L.P: At time both D’s intended to commit principle offence and the motive for the offence was irrelevant

Question 21

A-G Reference (no 3 of 2000)

Answer 21

Facts: D threw a petrol bomb towardsa car containing V + reckless to endangerment of V
Throws missed

Judgment: Convicted on appeal

L.P: Sufficient for D’s mens rea in attempt to reflect that mens rea required for the principal offence

Following Khan

Question 22

Excluded agreements

Answer 22

• Spouses/ civil partners
• Persons under the age of criminal responsibility
• The intended victim of the principal offence

Question 23

Assisting and encouraging:

Answer 23

Serious Crime Act 2007:
Part 2:
s44: Intentionally encouraging or assisting an offence
s45: Encouraging or assisting an offence believing it will be carried out
s46: Encouraging or assisting offences believing one or more will be committed

Question 24

“Encouraging”

Answer 24

• Positive actions of instigation, persuasion or endorsing
• Negative acts e.g threats
• Can be addressed to a particular person or world at large

Question 25

“Assisting”

Answer 25

-When D provides P with a tool or advice to help with but not necessarily