Lecture 18 - Inchoate offences

Question 1

what are inchoate offences

Answer 1

these are offences which require no actus reus to be either fully completed (attempts) or done at all (conspiracy)

Question 2

what are the arguments to criminalise inchoate offences

Answer 2

for attempts there is often a very clear mens rea and it will protect the public from repetition of the offence.

Question 3

what constitutes an attempt

Answer 3

a physical act by the offender sufficiently proximate to the complete offence and an intention on the part of the offender to commit the complete offence. known as the proximity test. the criminal attempts act 1981 s1 then defined it as a person does an act which is more than merely preparatory to the commission of the offence

Question 4

what is the mens rea for attempts

Answer 4

it has to be proved that d intended to commit the crime regardless of the normal rules of mens rea

Question 5

what is conspiracy

Answer 5

the criminal law act 1977 s1 says that if a person agrees with any other person or persons that a course of conduct shall be pursued which either a) will necessarily amount to or involve the commission of an offence or offences by one or more parties to the agreement or b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible

Question 6

what is the significance of the mehta case

Answer 6

states that the conspirators must share the same (not similar) design or purpose