Inchoate Offences

Question 1

Conspiracy

Answer 1

Criminal Law Act 1977 S1(1)

Question 2

Offence of conspiracy

Answer 2

• Agreement to a course of conduct that will necessarily amount to or involve an offence

Question 3

R v Walker

Answer 3

• More than mere discussion is necessary

Question 4

R v Nock

Answer 4

• No need to agree all the details

Question 5

Who cannot conspire?

Answer 5

• Spouses
• Children under 10
• The victim in a crime

Question 6

R v Chrastney

Answer 6

• If husband and wife conspire with another person then this is conspiracy

Question 7

MR of conspiracy

Answer 7

Contraversial;

• intention to agree
• Intention to commit offence
• Intention to play a role in the crime

Question 8

R v Anderson

Answer 8

• Prisoner agreed to help inmates escape
• However claimed he never intended for the crime to be committed as he thought it was impossible
• Convicted as he played a part

Question 9

R v McPhillips

Answer 9

• Planted a bomb on the roof of a nightclub
• Intended to call the police to alert them so they could clear the nightclub
• Not guilty as he only intended to play a part, not commit the offence
• Conflicts with Anderson, though McPhillips approach adopted

Question 10

R v Edwards

Answer 10

• Followed the approach in McPhillips

- Must intend to commit the offence

Question 11

R v Siracusa

Answer 11

• Intention to play a part has been interpreted broadly to include ‘criminal masterminds’

Question 12

R v Jackson

Answer 12

Condition intent is sufficient intent

Question 13

Attempt

Answer 13

Criminal Attempt Act 1981 S1

Question 14

Definition of the offence

Answer 14

If, with intent to commit an offence to which this section applies, a person does an
act which is more than merely preparatory to the commission of an offence, he is
guilty of an attempt to commit that offence.

Question 15

R v Gullefer

Answer 15

An attempt begins when the merely preparatory act ends and the crime proper begins
- Climbed over fence to retrieve bet. No more than preparatory

Question 16

R v Jones

Answer 16

Climbing into the back of a car with a gun, but with the safety on is MORE than preparatory

Question 17

R v Campbell

Answer 17

Wearing a motorcycle helmet, carrying a threatening note on his way to a jewellery store was not more than preparatory

Question 18

R v Geddes

Answer 18

• Defendant hiding in a school toilet with a can of cider, rope, knife and backpack was not held to be more than merely preparatory

Question 19

R v Tosti

Answer 19

• Disturbed while examining the lock on a barn door, with lock cutting equipment in the car
• More than merely preparatory

Question 20

DPP v Stonehouse

Answer 20

• Doing the last act before the offence

- The point of no return

Question 21

MR of an attempt

Answer 21

• Must intend the full consequence of the offence

Question 22

R v Whybrow

Answer 22

• For attempted murder must intend murder cannot intend GBH

Question 23

R v Toole

Answer 23

• Can still prosecute for an intent of recklessness however evidentially this is difficult

Question 24

R v Walker & Hayles

Answer 24

• Oblique intent possible in attempt offences

Question 25

Ag Ref Nos 1 + 2 (1979)

Answer 25

Conditional intent is sufficient MR

Question 26

Impossibility is never a defence

Answer 26

• Tangentially proved in Anderson

Question 27

R v Taafe

Answer 27

The only exception where impossibility can be a defence to a crime is if the attempted offence is a non-existent crime
- Thought he was smuggling money, when he was actually smuggling drugs. No conviction as smuggling money is not an offence so there was no MR for the offence of smuggling drugs

Question 28

Yip chui cheung

Answer 28

MR of intending to commit the offence is necessary

Question 29

AG Ref no. 3 1992

Answer 29

• aggravated arson the MR of the attempt is intent to cause damage
• however can be reckless in the attempt, which may endanger life