Criminal - Inchoate Offences

Question 1

Conspiracy - Actus Reus

Answer 1

Agreement to a course of conduct that will necessarily amount to/involve an offence.

• Must be more than a discussion (Walker), but no need to agree on all details (Nock)
• Some people are considered not to be able to conspire e.g. Victim, spouse, children under 10.

Question 2

Conspiracy - Mens Rea

Answer 2

Intent to agree / to commit the offence.

1) Intent to agree.
2) Intent that the offence be committed (McPhillips).

Question 3

Attempted “___” - Actus Reus

Answer 3

To do an act which is more than merely preparatory to the commission of the offence.

1) Must be an act (not an omission)
- s.1(2) CAA 1981 - impossibility does not prevent AR from being established e.g. pick-pocketing an empty pocket or trying to break a safe with a spoon.

2) More than preparatory
- Significant steps need to be taken towards the offence, but not necessary for D to have done all he intends to do. (Pointing a gun at someone is more than merely preparatory) (R v Jones)
- He must at least have embarked upon the crime proper, which is a question of fact to be decided by the jury (Gullefer)
- Impossibility: D thought he was smuggling drugs but was actually smuggling talcum powder. Held had AR as did act which was more than merely preparatory ( R v Shivpuri) .

Question 4

Attempted “___” - Mens Rea

Answer 4

Intent to commit the offence
Usually the prosecution must establish that D intended the consequences that form AR of the full offence.
- Crim. Damage - Intention required (not recklessness) (R v Whybrow, R v Millard and Vernon)
- ACD - D must intend damage but recklessness for endangerment of life is enough.
- If recklessness to existing circumstances is sufficient for full offence, sufficient for an attempt.
- Impossibility doesn’t prevent MR if on the facts as D believed, he would have had intent.
- Conditional intent is adequate e.g. “I’ll steal something if there’s anything worth stealing.

Question 5

R v Shivpuri

Answer 5

Smuggling talcum powder

Impossibility will not oust attempted offence

Question 6

R v Jones

Answer 6

Pointing a gun at someone is more than merely preparatory