INCHOATE OFFENCES OR ‘INCOMPLETE OFFENCES’

Question 1

Attempt
actus reus

Answer 1

A defendant is guilty of attempting to commit an offence if they do not complete the crime but do something** ‘more than merely preparatory’** towards its commission.

Question 2

Mens Rea

Answer 2

1. The mens rea required for an attempted offence is nearly
   always intention to complete the full offence and, therefore, can be higher than is required for the underlying substantive offence.
2. For example, a defendant must intend to murder someone to be guilty of attempted murder, but they can be guilty of murder if they intend only grievous bodily harm but their actions nevertheless actually kill the victim.

Question 3

Factual Impossibility

Answer 3

If a defendant attempts to commit an offence that is physically impossible to complete, the defendant can still be guilty of attempt of the offfence.

Question 4

Legal Impossibility

Answer 4

If the defendant, having completed all acts that they had intended, would have committed no crime, they cannot be guilty of an attempt when they fail to complete all of the intended acts. This is known as legal impossibility, and it is rare.

Question 5

Prosecution for Attempt

Answer 5

A defendant charged with a completed crime may be found
guilty of either the completed crime or an attempt to commit
the crime as long as the evidence presented supports such
a verdict. The reverse is not true. A defendant charged only with attempt may not be convicted of the completed crime.

Question 6

Punishment for Attempt

Answer 6

1. Most attempted offences may be punished to the same
   extent as the completed crime, but courts tend to punish attempt less severely than the crime attempted.
2. However, attempted murder carries a discretionary life sentence rather than a mandatory life sentence, as in the case of murder.