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Flashcards in Inchoate Offences Deck (7)
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1

Define conspiracy

S.1(1) CLA: Agreeing to pursue a course of conduct which will necessarily amount to the commission of an offence

2

Elements of conspiracy (1 AR and 2 MR)

AR:
1. An agreement between two or more people (if only 2 people, not D's spouse, child under 10, or the intended victim)

MR
1. An intention to agree and
2. Intention that the offence be committed (intention to achieve the result), including a conditional intent

3

Define an attempt - AR and MR

1. Doing an act which is more than merely preparatory to the commission of an offence
2. Intending to commit that offence

4

What is an act "more than merely preparatory" for purposes of an attempt (2 examples, Jones and Tosti)

When the defendant has embarked on the crime proper, e.g.
R v Jones - Buying shotgun, travelling to scene is preparatory. Pointing gun at V is attempt.
R v Tosti - Parking car with tools in boot at crime scene is preparatory. Inspecting the lock of the house is attempt.

5

What must the accused intend to be liable for an attempt?

Intend to bring out the FULL CONSEQUENCES required to commit the offence (i.e., intending to carry out the remainder of the actus reus)

6

What if D is accused of an offence that can be committed intentionally or recklessly, e.g., criminal damage?

Attempt liability only arises where D INTENDS to commit the crime.

7

When is impossibility a defence to inchoate liability?

Only where D attempts to do something which is not a crime.

Where the act constitutes a crime but D (i) chooses an impossible method or (ii) is physically impossible to commit in the way contemplated is NOT a defence to conspiracy (S 1.1(b) CLA) or attempt (S.1(2) and 1(3) CLA).