Parties and Inchoate offences

Question 1

Rule on attempts? AR and MR

Answer 1

AR - an act which is MORE than merely prepatory

MR - must intend to bring about consequences required for full offence

Question 2

Impossibility?

Answer 2

Non-existent crime - will be a defence
Through inadequacy - not a defence

Question 3

Who is the principal offender?

Answer 3

commits the AR of offence

Question 4

What is an innocent agent?

Answer 4

Being deceived into doing so

Question 5

What is a secondary party?

Answer 5

aiding or abetting

Question 6

Difference in AR for secondary offenders?

Answer 6

Procuring - produce
Aiding - supplying
Counselling - giving advice
Abetting - incite or instigate
Joint enterprise - both defendants would need to have necessary mens rea

Question 7

MR of secondary offenders?

Answer 7

An intention to aid or encourage
An intention that P will commit with necessary mens rea
Knowledge of facts

Question 8

Withdrawal?

Answer 8

NOT enough to just change - must do something
Unequivocal communication
If supplied with stuff must revoke that stuff