Inchoate liability

Question 1

What is inchoate liability?

Answer 1

• It is an offence where D has not actually committed the AR but has the MR for it
• It means just begun or underdeveloped

Question 2

What are the three ways to commit this offence?

Answer 2

• Attempt
• Encouraging/assisting
• Conspiracy

Question 3

As no crime has actually been committed why is there a need to criminalise?

Answer 3

• Consequentialists say we must deter and restrain the dangerous people
• Retributionists say there is no moral difference between those successful and unsuccessful

Question 4

Where can the encouraging and assisting part be found in statute?

Answer 4

• The serious crime act 2007

- Section 44, 45 and 46

Question 5

2 examples of encouraging and assisting?

Answer 5

• Terrorism

- Suicide

Question 6

Goldman 2001

Answer 6

• concerned section 44 of the serious crime act 2007

- D bought child pornography therefore creating demand and encouraging and assisting the offence

Question 7

Blackshaw 2011

Answer 7

• Concerned the London riots
• concerned section 46 of the serious crime act 2007
• He posted on social media for people to meet in a certain area
• Encouraged and assisted others to partake
• Conviction upheld

Question 8

What defence can be found under section 50 SCA 2007?

Answer 8

• Defence of acting reasonably
• That he knew or reasonably believed circumstances existed
• Making it reasonable to act as he did in the circumstances as he believed them to be

Question 9

What are the 2 factors to consider when determining the defence of reasonableness?

Answer 9

• The seriousness of the anticipated offence

- Any purpose for an authority by which he claims to have been acting

Question 10

What defence can be found under section 51 (1) SCA 2007?

Answer 10

• Protected category’s

- For example a child would not be guilty for encouraging someone older to sleep with them committing child sex offences

Question 11

Where can conspiracy be found in statute?

Answer 11

• Section 1 Criminal Law Act 1977
• He is guilty if he agrees with another person that a course of conduct shall be pursued. If the agreement is carried out in accordance with their intentions it could amount to a crime

Question 12

What does Section 1 Criminal Law Act 1977 say about conspiracy?

Answer 12

• He is guilty if he agrees with another person that a course of conduct shall be pursued. If the agreement is carried out in accordance with their intentions it could amount to a crime

Question 13

What 3 elements are needed for conspiracy?

Answer 13

1- Agreement of parties
2- At least 2 parties could be husband and wife
3- Acquittal of other conspirators

Question 14

Whitehouse 1852

Answer 14

• Husband and wife can not be used as conspiracy unless there is a third party
• Here incest with daughter but the daughter was a child age and therefore there was no conspiracy

Question 15

Where can the law on attempts be found?

Answer 15

• Criminal Law Attempts Act 1981

Question 16

What does Section 1 of the Criminal Law Attempts Act 1981 say?

Answer 16

• If with intent to commit a crime a person does an act which is more than merely preparatory to the commission of the offence he is guilty of attempts to commit the offence

Question 17

Can you recklessly attempt to cause criminal damage?

Answer 17

• NO

Question 18

Gullefer 1987

Answer 18

• D was held not to have gone beyond preparatory when he ran onto a track to stop a greyhound race where his dog was loosing
• This was not classed as an attempt to stop the race

Question 19

Jones 1990

Answer 19

• D had committed attempted murder when he pointed a gun at someone even thought the safety was still attached
• This was seen as more than preparatory

Question 20

Geddes 1996

Answer 20

• D found in a school toilet with knife and ceiling tape

- Not guilty of attempted false imprisonment because he hadn’t come into conduct with any of the pupils at that point

Question 21

Whybrow 1951

Answer 21

• D attempted to electrocute wife whilst in the bath
• TJ said it was attempted murder if he intended to kill or cause GBH
• Conviction overturned because he must have only intended to cause murder
• GBH not preparatory enough

Question 22

Shivpuri 1987

Answer 22

• D was convicted for attempted trafficking of drug when he was searched and they found vegetable matter
• He was therefore still guilty as it was intention to traffic drugs