Inchoate offences

Question 1

What does an inchoate offence mean?

Answer 1

When the defendant takes some steps towards committing a crime but the full offence is not committed.

Question 2

When does an inchoate offence occur? (AR & MR)

Answer 2

a) Actus reus:
An act which is more than
merely preparatory to the commission of an offence

b) Mens rea:
An intention to commit the full offence e.g. murder - intention to kill

c) Absence of a valid defence:
A defendant cannot be convicted for a non-existent crime

Question 3

ACTUS REUS: what do we mean by an act which is more than merely preparatory?

Answer 3

The defendant’s actions are a matter of FACT and decided by the JURY - provided the judge can agree that they were more than merely preparatory
i.e an attempt or not an attempt.

Question 4

MENS REA: what do we mean by ‘an intention’ to commit the full offence?

Answer 4

• Oblique intent:

Jury may find intention where they are satisfied that the defendant foresaw the result as a virtual certainly.

• Conditional intent:

D only intends to commit an offence subject to certain condition(s), D will still have the sufficient mens rea for an attempt (looking through a bag then deciding not to steal it)

Question 5

Can a defendant be convicted of a crime impossible to commit?

Answer 5

3 types of impossibility:
* non-existent crime;
* through inadequacy; and
* in fact.

Question 6

Absence of a valid defence: what do we mean by non-existent crime?

Answer 6

Where the accused believes
that what they are doing is an offence, whereas it is in fact lawful.

cannot turn a lawful act unlawful.

Question 7

Absence of a valid defence: what do we mean by inadequacy?

Answer 7

A defendant who sets out to commit a crime should not get off simply because they choose a method that is doomed to fail.

Such a defendant will be convicted of an appropriate inchoate offence (ex: attempted murder.)