Inchoate Offences

Serious Crime Act 2007, Criminal Attempts Act

  • Created by: jesskeayy
  • Created on: 03-05-19 16:28
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  • Inchoate Offences
    • 'incomplete/ underdeveloped'
      • found guilty with an attempt or conspiracy to commit an offence
      • 'Principle offences'- the offence attempted to be committed
    • Criminal Attempts Act 1981
      • If with intent to commit an offence to which this section applies, a person does an act which is more than preparatory to the commission of the offence, he is guilty of attempting to commit the offence
      • S.1(4) 'attempt' is available for indictable offences only
      • S.4: holds the same max penalty as if the offence has been committed
      • AR: more than merely preparatory acts. Must be sufficient evidence
        • R v Jones (1990) D pointed sawn-off shotgun at V. V escaped unharmed
        • The closer D is to committing 'last act' required of the offence, the more likely it is to be an attempt
        • Geddes [1996] D arrested after being seen in school toilets, with knife, rope and tape. Not attempted false imprisonment, he was lying in wait
      • MR: Focus on AR of the offence- intent to product the AR of the base offence
        • Whybrow [1951] intent to cause GBH isn't enough for attempted murder; must have intent to kill
    • Impossible attempts
      • 1. legal impossibility: D believes his actions amount to a crime, when it doesn't
        • Taaffee [1983]
      • 2. Physical impossibility: D tries to commit a crime through inadequate means
        • CAA 1981 s.1(2) and (3): person may be guilty of attempting an offence to which section applies even though the facts are such that the commission of the offence is impossible
          • Shivpuri [1987] D supplied harmless vegetable matter to undercover officers, believing it to be drugs. Still an attempt
    • Serious Crime Act 2007
      • Encouraging/ assisting crime. S.44, s.45 and s.46
        • S.44: intentionally encouraging or assisting an offence. 1)(a) he commits an act capable of encouraging/ assisting the commission of an offence
          • (b) He intends to encourage/ assist its commssion
          • 2) Not to be taken to have encouraged/ assisted the commission of an offence because encouragement/ assistant was a foreseeable consequence of his act
          • AR: express/ implied, targeted at one or the world       MR: must be shown that D intended to encourage/ assist in the commission
        • S.45: encouraging or assisting an offence, believing it will be committed. 1) A person commits if (a) he does act capable of encouraging/ assisting commission of an offence
          • b) He believes 1) the offence will be committed; and 2) his act will encourage/ assist its commission
          • AR: express/ implied, targeted at one or the world     MR: D believes P will carry out conduct element, but doesn't want  P to do it
        • S.46: encouraging or assisting offences believing one or more will be committed. 1)(a) he does an act capable of encouraging/ assisting the commission of one or more of a number of offences
          • (b) he believes 1. one or more of the offences will be committed, 2. his act will encourage/ assist commission of one or more of them
          • AR: same as others     MR: e.g. D sells P a gun, believing she will/ may do something with it
      • S.50: D is not guilty of any offence she he can prove he believed circumstances existed, making it reasonable for him to act as he did.
      • S.51: Defence when D assists/ encourages where she is the intended victim e.g. D (12) encourages P (16) to have sex with her- D has a defence
    • Conspiracy- S.1 Criminal Law Act 1977, as amended by S.5 Criminal Attempts Act 1981
      • Needs an agreement, to pursue a course of conduct involving the commission of an offence, parties must intend to do the act required for the offence and must know the circumstances with AR exist
      • S.2(2)(a) married couples and a third party
        • Chastry (1991)
      • AR: imprecise agreements: must agree an offence, don't need details or awareness that conduct is a crime
        • Churchill v Walton [1967]
        • Conditional agreement: satisfies AR e.g. agree to rob bank if coast is clear
      • MR: S.1 CLA parties intend to do the act which is required for offence, intend to know the circumstances within AR exist

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