Inchoate Offences

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  • Created by: Launston
  • Created on: 13-05-14 10:50
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  • Inchoate Offences
    • Attempt
      • Actus Reus
        • An act
        • More than merely preparatory to commission of offence
          • Initially there was a proximity test - defendant must have completed the final act of preparation
            • Stonehouse
              • This restricted liability for attempt - Robinson - not yet obtained claim form to make fraudulent insurance claim
          • Now there is less emphasis on proximity and more liability
            • Griffen - woman apprehended before she could pick children up from school
            • Geddes - defendant in school toilets but had not moved from preparation of kidnap
              • 'More than merely preparatory' now shows a psychological commitment to the commission of the offence
      • Mens Rea
        • Intention to commit the substantive offence
          • Even if offence can be committed recklessly
    • Conspiracy
      • Actus Reus
        • Agreement
          • Offence does not need to be committed
        • Between parties
          • At least two people
            • Does not include husband/wife, those under 10 years old or the intended victim
              • May conspire with persons unknown if they cannot be identified
        • Specified course of conduct
          • Must necessarily amount to an offence if the plan is to be carried out
            • Jackson - agreed to shoot man in leg if he was convicted of offence for a more lenient sentence
              • A conditional plan still gives rise to liability
      • Mens Rea
        • Intention to carried out agreed course of conduct
        • Intention to commit the substantive offence
          • Satisfied if only one person carries out offence
    • Assisting or Encouraging
      • Replaced law of incitement - someone who assisted only would not be liable if the offence was never committed
      • S.44 intentionally encouraging or assisting an offence
        • AR: does the act capable of encouraging or assisting the commission of an offence
          • Offence need not be committed
        • MR: intends to assist or encourage the commission of an offence
          • Direct intent only
      • S.45 encouraging or assisting an offence believing that it will be committed
        • AR: does an act capable of encouraging or assisting the commission of an offence
          • Offence need not be committed
        • MR: believes the offence will be committed and believes his act will encourage the commission of an offence
      • S. 46 Encouraging or assisting offences believing that one or more will be committed
        • AR: does an act capable of encouraging or assisting the commission of one or more of a number of offences
        • MR: believes that one or more of those offences will be committed and believes that his act will encourage the commission of one or more of the offences
      • Defence: D knew or believed circumstances existed which made it reasonable to act as they did

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