EXAM NOTES: Inchoate Offences

Question 1

what types of inchoate offences are examinable?

Answer 1

1. conspiracy

2. attempt

Question 2

what law governs conspiracy?

Answer 2

s1(1) Criminal Law Act 1977

Question 3

What is the AR for conspiracy?

Answer 3

Agreement to commit an offence

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

Question 4

Who can conspire?

Answer 4

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

Question 5

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

Answer 5

R v Chrastney - if they conspire involving a third party

Question 6

What is the MR for conspiracy

Answer 6

• 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)

Question 7

What governs attempts?

Answer 7

s1(1) Criminal Attempts Act 1981

Question 8

What is the AR for attempts

Answer 8

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?

Question 9

What is the MR for attempts

Answer 9

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)

Question 10

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

Answer 10

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

Question 11

Can D be convicted for conditional intent?

Answer 11

• R v Husseyn suggests not

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

Question 12

how can a defence of impossibility be raised

Answer 12

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