W1 - Inchoate Crimes

Question 1

What defines a specific intent crime?

Answer 1

the defendant must INTEND to engage in the conduct and also bring about the prohibited RESULT

Question 2

What is the 6 part test differentiate a criminal Attempt from mere preparation?

Answer 2

1. The Slight Acts Test - allows liability if the design of a person to commit the crime is clearly shown and the actor commits even “slightest acts” in furtherance of that design
2. The Physical proximity test - the defendant must be close in time and space to the final act that completes the crime
3. The Dangerous Proximity Test - more conceptual, asks whether the defendant was DANGEROUSLY CLOSE to consummating the offence
4. The Unequivocancy Test - Asks whether the defendant’s conduct unequivocally demonstrates the defendant’s intent to commit the crime
5. The probable desistance test - requires that the defendant’s conduct would result in the completes crime “in the ordinary and natural course of events”
6. The MPC Substantial Step test - requires that the defendant engage engage in a “substantial step in a court of conduct planned to culminate in hid commission of the crime”

Question 3

Is impossibility a defence?

Answer 3

It depends! Factual impossibility is not a defence, whereas legal impossibility is

Question 4

Give an example of legal impossibility

Answer 4

A person shoots through a door, believing that they will hit an intended victim, but the victim is not physically in the way of the bullet. The mruder was physically impossible, but it was still a valid attempted murder

Question 5

Give an example of legal impossibility

Answer 5

A person believes it is illegal for them to possess a paint ball gun, whereas in reality, it is legal

Question 6

What is the requirement for a person to abandon a criminal effort?

Answer 6

only if they “voluntarily and completely renounced their criminal purpose”

Question 7

When will an act amount to an attempt?

Answer 7

when it is so near to the result that the danger of success is very great.
People v Rizzo

Question 8

What is the definition of conspiracy?

Answer 8

conspiracy is an agreement between two or more individuals to commit an unlawful act

Question 9

Does the object f the conspiracy need to occur for a conspiracy to occur?

Answer 9

No

Question 10

what is the message rea for conspiracy?

Answer 10

specific intent to commit a crime

Question 11

When can a defendant prove that they renounced a conspiracy?

Answer 11

the defendant must fully renounce the conspiracy by THWARTING the conspiracy in a voluntary manner

Question 12

Can Conspiracy’s be merged with their criminal objective? Ex. Drake and Josh conspire to rob tacos from Taco Bell and succeed. Are they guilty of both or merely the robbery?

Answer 12

Usually, conspiracy does not merge with the planned offence. Drake and Josh would be charged wth conspiracy to rob, and robbery.

Question 13

Can one person be charged with a conspiracy if their assumed co-consirators are actually law enforcement?

Answer 13

No. feigned conspiracy is not a true conspiracy. There can be no “unilateral conspiracy” State v Pacheco