8. Inchoate/Incomplete Offences

Question 1

What is required to commit attempt?

Answer 1

Do not commit the crime but do something more than merely preparatory, with the specific intent to commit the underlying offence

Question 2

What is the mens rea for attempt, and what is the effect of this?

Answer 2

It is generally always the intention to complete the full offence, and is therefore sometimes a higher standard than the underlying offence (e.g. where recklessness is an option)

Question 3

What is factual impossibility and does it prevent liability?

Answer 3

Where defendant attempts an offence which is physically impossible to complete, liability can still arise

Question 4

What is legal impossibility and does it prevent liability?

Answer 4

Where a defendant, had they completed all acts they had intended, would not have actually broken any law, no liability can attach

Question 5

Can a defendant charged with a completed crime also be charged with attempt?

Answer 5

Yes, provided the charge can be sustained, e.g. intent required over recklessness

Question 6

What is the maximum sentence allowable for attempt?

Answer 6

The same as the completed crime, but the courts do not tend to punish that severely

Question 7

What is the exception to the rule that attempt can possibly carry the same possible sentence as the completed offence?

Answer 7

The life sentence for attempted murder is discretionary, whereas for murder it is mandatory

Question 8

What is conspiracy?

Answer 8

An agreement between two or more parties to commit an offence

Question 9

Other than agreement between two or more to commit an offence, what else is required for conspiracy?

Answer 9

Nothing

Question 10

In order for a conspiracy charge to be sustained, does the identity of the other party need to be known?

Answer 10

No

Question 11

What are the four groups with whom a defendant’s agreement is excluded from conspiracy?

Answer 11

1. Minor
2. Lacking mental capacity
3. Victim, or
4. Spouse, if agreement between the two of them only (spousal privilege)

Question 12

Can a conditional agreement amount to conspiracy?

Answer 12

Yes, provided there is agreement to do something based on the condition, and it is more than just negotiating, encouraging, or assisting

Question 13

What are the two different categories of multiple-party conspiracies?

Answer 13

1. Chain conspiracies
2. Hub and spoke conspiracy

Question 14

What is a chain conspiracy?

Answer 14

Where there is one large enterprise and all parties to sub-agreements are interested, it will be regarded as one large conspiracy involving them all

Question 15

What is a hub and spoke conspiracy?

Answer 15

Where the parties to the sub-agreements are unconnected and reasonably independent, it will be considered as a number of different conspiracies

Question 16

Do the same concepts of factual and legal impossibility apply to conspiracy?

Answer 16

Yes

Question 17

What is the required mental state for conspiracy?

Answer 17

The parties must intend to form the agreement, knowing that all parts of the act (which no party needs to actually know is an offence) will be completed by themselves or other parties to the agreement

Question 18

Does the defendant need to know the conduct to which they are agreeing constitutes a criminal offence?

Answer 18

No

Question 19

How therefore could conspiracy be simplified?

Answer 19

Conspiracy is essentially intending to agree and agreeing that something will be done which happens to be a crime, whether you know it’s a crime or not

Question 20

What is required in terms of timing of both parties’ intent to conspire?

Answer 20

The intention of each party to form the agreement that the act be completed must coincide