Incomplete Offences

Question 1

Incitement: S. 44 Serious Crime Act 2007

Answer 1

Intentionally Encouraging or Assisting an Offence.

Question 2

Incitement: S. 45 Serious Crime Act 2007

Answer 2

Encouraging or Assisting an Offence Believing it will be Committed.

Question 3

Incitement: S. 46 Serious Crime Act 2007

Answer 3

Encouraging or Assisting Offences Believing One or More will be Committed.

Question 4

Incitement: DPP v Armstrong

Answer 4

It is still an offence to assist or encourage regardless whether or not this has an impact on the other persons actions. For example asking an undercover police officer for child pornography.

Question 5

Conspiracy: S. 1 Criminal Law Act 1977

Answer 5

Statutory Conspiracy: meeting of minds to commit an offence.

Question 6

Conspiracy: R v Griffiths

Answer 6

If one conspirator enters into separate agreements with different people, each agreement is a separate conspiracy.

Question 7

Conspiracy: R v Chrastny

Answer 7

A husband and wife can only commit a conspiracy if their is another third party to the agreement.

Question 8

Conspiracy: R v ICR Haulage Ltd.

Answer 8

A corporation may be a party to a conspiracy.

Question 9

Conspiracy: R v McDonnell

Answer 9

A company and one of its directors cannot be the only parties to a conspiracy because there can be no meeting of minds.

Question 10

Conspiracy: R v Kenning

Answer 10

An agreement to aid and abet an offence of conspiracy is not, in law, capable of constituting a statutory conspiracy.

Question 11

Conspiracy: Yip Chiu-Cheung v The Queen

Answer 11

You cannot enter into conspiracy with an undercover police officer as they have no intention to commit the offence.

Question 12

Conspiracy: Conspiracy to Defraud (Common Law)/Scott v Metropolitan Police Commissioner

Answer 12

An agreement by two or more persons by dishonesty to deprive a person of something which is his or to which he is or would or might be entitled to or an agreement by two or more by dishonesty to injure some proprietary right. For example making unauthorised copies of commercial films for sale.

Question 13

Conspiracy: Wai Yu-Tsang v The Queen

Answer 13

Dishonest agreement to deceive another into acting in a way contrary to their duty. For example directors agreeing to conceal details of a bank’s trading losses to its shareholders.

Question 14

Conspiracy: R v Hollinshead

Answer 14

You must show intent to defraud a victim. For example marketing devices to falsify gas meters and selling them, defrauding gas companies.

Question 15

Attempts: S. 1 The Criminal Attempts Act 1981

Answer 15

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 the offence, is guilty of attempting to commit the offence.

Question 16

Attempts: R v Campbell

Answer 16

It is for the jury to decide if an act is more than merely preparatory. For example a man with an imitation gun stood within yards of a post office he intended to rob but never drew the fire arm; the defendant was found to have not acted more than merely preparatory.

Question 17

Attempts: R v Bowles

Answer 17

It is for the jury to decide if an act is more than merely preparatory. For example police found a man in possession of a new fake will that he wanted his elderly neighbour to sign but she died before signing; the defendant was found to have not acted more than merely preparatory.

Question 18

Attempts: R v Geddes

Answer 18

It is for the jury to decide if an act is more than merely preparatory. For example a man was found trespassing in a school bathroom with a knife, rope and tape; the defendant was found to have not acted more than merely preparatory in regard to attempting to kidnap a child.

Question 19

Attempts: R v Gullefer

Answer 19

Courts have accepted an approach of questioning whether the defendant had embarked on the crime proper. No requirement for the defendant to have passed the point of no return.

Question 20

Attempts: Mens Rea

Answer 20

Higher level of mens tea may be required to prove an attempt compared to the substantive offence.

Question 21

Attempts: R v Whybrow

Answer 21

Mens rea for attempted murder is nothing less than intent to kill.

Question 22

Attempts R v Jones

Answer 22

High level of mens rea required to prove attempted murder. For example a man was found guilty of attempted murder for breaking into a victims car and pointing a loaded gun at their head, the gun was not fired as the victim was able to disarm the man.

Question 23

Attempts: Conditional Mens Rea

Answer 23

A defendants intent may only be conditional for example only intending to steal if there is something of value. The conditional nature of the intent is not a defence: the defendant will be judged on the facts as they believed them to be.

Question 24

Attempts: R v Khan

Answer 24

In some attempt cases precise intention is not required. For example, in cases of attempted rape the courts accept that recklessness as to whether the victim was consenting is sufficient mens rea as this is sufficient for the substantive offence.

Question 25

Impossibility: R v Shivpuri

Answer 25

You can conspire/attempt the impossible. For example a man was convicted of attempting to handle stolen goods despite the goods not actually being stolen.