6. Inchoate Offences Flashcards Preview

MBE - Criminal Law > 6. Inchoate Offences > Flashcards

Flashcards in 6. Inchoate Offences Deck (12):
1

What is solicitation?

Asking someone to commit a crime with the intent that the crime be committed

2

What is conspiracy?

Agreement between two or more people to commit a crime, and an overt act in furtherance of that crime

3

Can an agreement for conspiracy be non-verbal?

Yes, conduct toward a common goal is sufficient

4

What is the threshold for an overt act for conspiracy?

Any act, even if prepatory

5

What is the intent requirement for conspiracy?

Specific intent to enter the agreement and accomplish the objectives of the conspiracy

6

What is the scope of a defendant's liability for crimes of his co-conspirators?

Liable if foreseeable and committed in furtherance of the conspiracy

7

Is the fact that the underlying crime is impossible a defence?

No, the crime is the agreement and overt act

8

What is an attempt?

An overt act, beyond mere preparation, with the specific intent to commit the underlying crime

9

Is withdrawl a defence to an inchoate offence?

No

10

What is the one benefit of withdrawl, and which inchoate offence does it apply to?

It limits future vicarious liability in a conspiracy

11

What is merger?

The way in which an inchoate offence merges with the completed crime once the latter is achieved

12

Which two inchoate offences merge with the completed crime, and which one does not?

 

Merge

Solicitation

Attempt

Does not merge

Conspiracy*