Topic 10 - Inchoate offences Flashcards
(18 cards)
What does ‘inchoate’ mean?
‘Inchoate’ means unfinished or incomplete.
What is an inchoate offence?
An inchoate offence occurs when the defendant takes some steps towards committing a crime but the full offence is not committed.
What is the purpose of inchoate offences?
To prevent harm to people or property.
What constitutes an attempt to commit an offence?
An attempted offence is when a defendant has not completed a crime but has taken enough steps that the behaviour becomes criminal.
Is merely thinking about committing a crime sufficient for an inchoate offence?
No, merely thinking about committing a crime is not enough to be liable for an inchoate offence.
What are the three elements of criminal liability for an attempt under the Criminal Attempts Act 1981?
- Actus reus (AR) - An act which is more than merely preparatory to the commission of an offence
- Mens rea (MR) - An intention to commit the full offence
- Absence of a valid defence
What does Actus reus refer to in the context of attempts?
An act which is more than merely preparatory.
Provide an example of conduct that is not considered an attempt.
Being outside a post office with a threatening note and fake gun (not attempted robbery, Campbell (1990) 93 Cr App R 350).
Provide an example of conduct that is considered an attempt.
Getting into a car with a loaded gun and pointing it at the victim (attempted murder, Jones (1990) 91 Cr App R 351).
What must the accused intend to bring about for mens rea in attempts?
The accused must intend to bring about the consequences required for the full offence.
In R v Whybrow, what was necessary to prove for attempted murder?
It was necessary to prove that the defendant intended to kill.
What is conditional intent?
A conditional intention counts as an intention for an attempt.
What is the mens rea for attempted aggravated criminal damage?
- Intention to damage property
- Intention or recklessness as to endangering life by the damage
What are the three main types of impossibility in attempts?
- Non-existent crime
- Impossibility through inadequacy
- Impossibility in fact
What is an example of a non-existent crime?
R v Taaffe, where the accused believed he was committing an offence by importing currency that was lawful.
What does impossibility through inadequacy refer to?
It arises where the crime itself is feasible, but the defendants adopt a method that cannot work.
What is the current legal stance on impossibility in fact under the Criminal Attempts Act 1981?
Impossibility in fact is no longer a defence to attempt.
What was the outcome in R v Shivpuri regarding impossibility?
The defendant was convicted of attempting to knowingly deal with a prohibited drug, even though the contents were not drugs.
