EXAM NOTES: Inchoate Offences Flashcards Preview

4. Criminal Law > EXAM NOTES: Inchoate Offences > Flashcards

Flashcards in EXAM NOTES: Inchoate Offences Deck (12)
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1
Q

what types of inchoate offences are examinable?

A
  1. conspiracy

2. attempt

2
Q

what law governs conspiracy?

A

s1(1) Criminal Law Act 1977

3
Q

What is the AR for conspiracy?

A

Agreement to commit an offence

  • more than mere discussion R v Walker
  • no need to agree all details R v Nock
4
Q

Who can conspire?

A
  • two or more people
  • anyone not listed in s2(2) Criminal Law Cat 1977
  • notably spouses cannot conspire
5
Q

How can people listed in s2(2) CLA 1977 be convicted of conspiracy?

A

R v Chrastney - if they conspire involving a third party

6
Q

What is the MR for conspiracy

A
  • intention to agree
  • R v Jackson conditional agreement enough
  • intention to commit the offence???
  • Anderson - intention to play an active part
  • but not followed in R v McPhillips IRA bombing or R v Ashton
  • intention to play an active part R v Anderson but interpreted very widely R v Siracusa (passive roles)
7
Q

What governs attempts?

A

s1(1) Criminal Attempts Act 1981

8
Q

What is the AR for attempts

A

D does an act that is “more than merely preparatory to the commission of an offence”

  • R v Gullefer - when the preparatory act ends D embarks on the crime proper
  • R v Tosti - is D trying to commit the offence?
9
Q

What is the MR for attempts

A

s1(1) CAA 1981 intention to act
- ie intent to bring about the missing elements of the AR

plus MR for the other elements of the full offence AG Ref (No 1 of 1992)

10
Q

Give some case examples about bringing about the missing elements of AR

A
  • MR for attempted murder includes intention to kill R v Whybrow
  • for result offences, intention is to bring about the result R v WHybrow
11
Q

Can D be convicted for conditional intent?

A
  • R v Husseyn suggests not

- but AG Ref (no 1 and 2 1979) suggests you can

12
Q

how can a defence of impossibility be raised

A

R v Taafe a non-existent crime is impossible. complete defence