Inchoate Offences Flashcards
What is the authority for incitement?
Baxter. One who seeks to influence the mind of another to the commission of a crime.
What is the authority on conspiracy?
Maxwell v HMA
What case is authority that inchoate offences must be attacked to substantive crimes?
Sayer
What are the two forms of conspiracy?
Unlawful aims and unlawful means (aim could be legal).
What case states that conspiracy agreement can be inferred?
Coleman v HMA
What does Maxwell state about the result of conspiracy?
It does not matter if it is impossible to achieve.
Where in CPA is attempt found?
Section 294
What case sets out the perpetration to perpetration rule?
Camerons
What does Cawthorne say about mens rea of attempt?
There does not need to be intention.
What is mens rea of attempt?
The mens rea of the substantive crime
Which case shows that impossibility is not a defence?
Doherty v Brown
