Incoate Offences

Question 1

Attempt

Answer 1

Where a person has made an effort to commit an offence but does not complete it.

• the offence in question must be one that can be attempted (indictable offence)
• D commits an act
• the act must be considered as being more than merely preparatory
• D must have intended to commit the full offence

D cannot be guilty of both an attempt and substantive offence. Where the prosecution are not satisfied that the full offence has been committed, they will charge of attempt, even if there is evidence to suggest the full offence has been.

Question 2

Statutory exclusions

Answer 2

• commit conspiracy
• encourage of assist suicide
• impede an arrest or compound an off node

Although low value shoplifting is a summary only offence, it is capable of being attempted.

Question 3

Commission of an act

Answer 3

Attempt cannot be committed by an omission

Question 4

More than merely preparatory

Answer 4

Must be affording it’s plain and natural meaning.
Includes circumstances where D embarked on the crime proper.
Where D has merely got ready or put himself in a position or equipped himself to commit an offence, it is unlikely to be sufficient.

This is a question of fact for the jury, so long as the judge is satisfied that there is evidence to support that finding.

Question 5

Intention to commit full offence

Answer 5

It does not matter than offence can be committed recklessly or intention to commit lesser offence, D must have intended to commit the full offence. E.g attempted murder can only be committed if there is intention to kill even though the substantive offence includes intention to cause GBH

Question 6

Attempting the impossible

Answer 6

D can still be liable for an attempt even where the commission of the offence would be factually impossible.
D can also be liable for attempt where it is both factually and legally possible but it is not committee due to ineptitude or other reasons (e.g attempting to kill with poison but the substance turning out to be harmless)
Factual impossibility is judged on the facts D believes them to be.
If a D attempts something which is legally impossible, there can be no liability

Question 7

Withdrawal

Answer 7

No defence of withdrawal exists for offences of attempt.