76 Questions
What does the term 'inchoate' mean in relation to criminal offences?
In some sense unfinished
What is the maximum sentence for the offence of attempt?
The same as the maximum sentence for the principal offence
What is a key aspect of the offence of attempt?
Examining D's ulterior mens rea as to the principal offence
Why is the reason for not completing the principal offence irrelevant to liability for attempt?
Because D's liability arises as soon as she satisfies the elements of the inchoate offence
What type of offences can be attempted, according to the exceptions?
All types of offences, except summary only offences
What is the main difference between the offence of attempt and the principal offence?
The fact that D has not yet completed the principal offence
What type of offences are attempt charges generally not available for?
Summer only offences triable only in the magistrates court
What is the reason for not allowing liability for D who attempts to conspire or attempts to aid and abet another?
To avoid criminalising events too far removed from the principal offence
Why is it impossible to attempt to commit an involuntary manslaughter offence?
Because it requires intent for the result element of the principal offence
What is the crux of the AR of attempt?
That D's acts must be more than merely preparatory
What is the problem with the last act test approach?
It may not provide adequate protection for society
What is the purpose of the series of acts test approach?
To allow for early criminalisation and early intervention by the police to protect potential victims
What is required for D to be liable for an attempt under Section 1(1) of the CAA 1981?
D must act with intent to commit the principal offence
What is the requirement for the MR of attempted murder?
D must intend to kill V
What is included in the meaning of intention in the context of attempts liability?
Both direct and oblique intention
What is a conditional intention in the context of attempts liability?
An intention that arises only if certain conditions arise
What was the issue in the case of Khan?
The MR for attempted rape was unclear
What is the difference between the MR for rape and attempted rape?
The MR for rape requires a higher level of intention
In which scenario is there no conspiracy between spouses or civil partners?
When there are no other co-conspirators involved
What is the primary requirement for an agreement to be considered a conspiracy?
The agreement must necessarily amount to or involve the commission of a principal offence
What is the result of a conspiracy between the director and themselves?
There is no conspiracy
What is the effect of an imprecise agreement on the conspiracy?
The agreement is not considered a conspiracy
What is the rule for conditional agreements in conspiracy?
Conditional agreements are considered conspiracies as long as the condition does not fully undermine the potential for the principal offence being completed
What is the effect of an impossible agreement on the conspiracy?
The agreement is not considered a conspiracy
In an attempted rape case, what is required to satisfy the MR of the principal offence?
Intention or knowledge as to the circumstance element
What is the main difference between the Khan and Pace cases?
Khan deals with impossible attempts, Pace deals with possible attempts
What is the main purpose of criminalizing attempts and conspiracy?
To allow for early police intervention and target conduct that demonstrates a sufficient mischief
What is required for a conspiracy to be formed?
An agreement between two or more defendants
What is the maximum sentence for conspiracy?
The same as the principal offence
What is the main difference between attempts and conspiracy?
Attempts are individual, conspiracy requires an agreement
What are the two common law conspiracies still recognised within the law?
Conspiracy to corrupt public morals and conspiracy to outrage public decency
Why is it important to criminalize conspiracy?
To target conduct that demonstrates a sufficient mischief to be deserving of liability
What is not required to show conspiracy?
Any further preparation towards committing the principal offence
What is the key element in a conspiracy agreement?
A decision to pursue a criminal course of conduct
What is the role of the judge in determining attempts liability?
To filter the evidence and decide whether it is capable of fulfilling the test
What is the difference between legal impossibility and factual impossibility?
Legal impossibility is when the crime is not an offence known to law, and factual impossibility is when the circumstances surrounding the attempt make it impossible
What is the significance of the Shivpuri case?
It overruled the Anderton case and clarified the legal position on impossible attempts
What is the requirement for D's acts to be considered an attempt?
That D's acts are more than mere preparation towards the commission of an offence
What is the significance of the concept of 'proximity' in attempt cases?
It refers to the degree of closeness between D's acts and the commission of the offence
What is the role of the jury in determining attempts liability?
To determine whether D's acts are more than mere preparation
What is the difference between the actus reus and mens rea of attempts?
The actus reus is the physical act, and the mens rea is the intention to commit the crime
What is the significance of the phrase 'ulterior mens rea' in the context of attempts?
It refers to the defendant's intention to commit the principal offence
What is the consequence of the Shivpuri case on the legal position on impossible attempts?
It clarified the legal position on impossible attempts, making it clear that even where objectively the facts do not go beyond mere preparation, they may still satisfy the actus reus of attempts if they go beyond mere preparation subjectively on the facts as D believed them to be
What is the significance of the concept of 'subjective' and 'objective' approaches in determining attempts liability?
It refers to the distinction between the defendant's intention and the actual circumstances
What is the requirement for liability in relation to the future principal offence in a conspiracy?
D and at least one other party to the agreement must intend or know that every element of that offence will be completed
What is the significance of a conditional intention in the context of conspiracy?
It is a valid intention to commit the principal offence, regardless of the condition
What is the requirement for the parties to the agreement in a conspiracy?
D and at least one other party to the agreement must intend to commit the principal offence
What is the necessary requirement for the MR of conspiracy in relation to D's immediate actions?
D must intend to form the agreement
What is the requirement for liability for a conspiracy?
D and at least one other party to the agreement must intend to commit the principal offence
What is the significance of the AR of conspiracy in relation to the principal offence?
The AR of conspiracy requires that D and at least one other party to the agreement intend to commit the principal offence, or know that every element of that offence will be completed
What is a key requirement for liability in a conspiracy, as stated in the Anderson case?
D must intend to play a role towards the principal offence
What are the two remaining common law conspiracies?
Conspiracy to defraud and conspiracy to corrupt public morals
What is the difference between statutory and common law conspiracy in terms of factual impossibility?
Factual impossibility undermines liability for common law conspiracy, but not statutory conspiracy
What is the key difference between assisting or encouraging and attempt?
Assisting or encouraging requires conduct capable of assisting or encouraging, while attempt requires a direct attempt to commit the principal offence
What is the requirement for liability for assisting or encouraging?
D's conduct must be capable of assisting or encouraging the principal offence
What is the relevance of the Serious Crime Act 2007 to assisting or encouraging?
It contained the offences of assisting or encouraging in Part 2
What is the maximum penalty for an offence under Section 44, 45, or 46 of the SCA 2007?
The same as the maximum penalty for the principal offence
What is the effect of Section 65(2)(b) of the SCA 2007?
It clarifies that D may assist or encourage by act or omission
What is the threshold for D's assistance to be considered sufficient for liability under Section 44 of the SCA 2007?
Any act capable of providing any assistance
What must D believe in relation to their own conduct under Section 45 of the SCA 2007?
That their act will assist or encourage the principal offence
What is the minimum mens rea required for D's mens rea as to the conduct element of P's principal offence?
Belief
What is the minimum mens rea required for D's mens rea as to the circumstances of P's principal offence?
Recklessness
What is the minimum mens rea required for D's mens rea as to the result element of P's principal offence?
Recklessness
What is the minimum mens rea required for D's mens rea as to P's mens rea when completing the principal offence?
Recklessness
What is the effect of Section 67 of the SCA 2007?
It clarifies that the AR may be a course of conduct as well as a one-off act
What is the meaning of 'encouraging' in the context of Section 44 of the SCA 2007?
Inciting or persuading
What is required for D to be liable under section 46 with assisting robbery and murder?
D must believe that her act will assist or encourage P to commit one or more principal offences.
What is the minimum mens rea required for D in relation to the conduct elements of P's principal offences?
Belief
What is the minimum mens rea required for D in relation to the circumstances of P's principal offences?
Recklessness
What is the minimum mens rea required for D in relation to the result elements of P's principal offences?
Recklessness
What is the minimum mens rea required for D in relation to P's mens rea when completing the principal offences?
Recklessness
What is the purpose of separating the elements of P's principal offences?
To identify the mens rea of the offences
What is the relevance of section 47(4)(a) in relation to D's mens rea?
It clarifies that D must believe that her act will assist or encourage P
What is the significance of section 46(b)(i) in relation to D's mens rea?
It requires D to believe that P will commit an offence
What is the significance of section 46(b)(ii) in relation to D's mens rea?
It requires D to believe that her act will assist or encourage P
What is the significance of section 47(5)(b) in relation to D's mens rea?
It requires D to be reckless as to the circumstances of P's principal offences
Learn about inchoate offences, which target defendants who have made progress towards a harmful end, foreseeing or intending harm. Understand how these offences are criminalized despite not causing significant harm to person or property.
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