Inchoate Offences

Question 1

Define conspiracy

Answer 1

S.1(1) CLA: Agreeing to pursue a course of conduct which will necessarily amount to the commission of an offence

Question 2

Elements of conspiracy (1 AR and 2 MR)

Answer 2

AR:
1. An agreement between two or more people (if only 2 people, not D’s spouse, child under 10, or the intended victim)

MR

1. An intention to agree and
2. Intention that the offence be committed (intention to achieve the result), including a conditional intent

Question 3

Define an attempt - AR and MR

Answer 3

1. Doing an act which is more than merely preparatory to the commission of an offence
2. Intending to commit that offence

Question 4

What is an act “more than merely preparatory” for purposes of an attempt (2 examples, Jones and Tosti)

Answer 4

When the defendant has embarked on the crime proper, e.g.
R v Jones - Buying shotgun, travelling to scene is preparatory. Pointing gun at V is attempt.
R v Tosti - Parking car with tools in boot at crime scene is preparatory. Inspecting the lock of the house is attempt.

Question 5

What must the accused intend to be liable for an attempt?

Answer 5

Intend to bring out the FULL CONSEQUENCES required to commit the offence (i.e., intending to carry out the remainder of the actus reus)

Question 6

What if D is accused of an offence that can be committed intentionally or recklessly, e.g., criminal damage?

Answer 6

Attempt liability only arises where D INTENDS to commit the crime.

Question 7

When is impossibility a defence to inchoate liability?

Answer 7

Only where D attempts to do something which is not a crime.

Where the act constitutes a crime but D (i) chooses an impossible method or (ii) is physically impossible to commit in the way contemplated is NOT a defence to conspiracy (S 1.1(b) CLA) or attempt (S.1(2) and 1(3) CLA).