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Black letter law
Criminal
Inchoate/Incomplete offences
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Created by
Elliot
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Cards (15)
What are inchoate offences?
Inchoate offences are
incomplete
offences.
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What does it mean to attempt an offence?
It means doing something 'more than merely
preparatory'
.
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Which action is an example of doing something 'more than merely preparatory'?
Pointing a gun at someone.
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What is an example of an action that is merely preparatory?
Buying
poison or guns.
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What is required to be guilty of an attempt?
There must be
intent
to commit the underlying offence.
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Can a person be guilty of an attempt if the act is physically impossible?
Yes,
they can still be guilty of attempt.
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What is an example of a legally impossible attempt?
Bribing
a juror who is not a juror.
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What constitutes a conspiracy?
An
agreement
between
two
or more parties.
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Who cannot conspire?
Minors
, those
lacking
mental capacity,
spouses,
and proposed
victims
cannot conspire.
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Can an agreement to conspire be conditional?
Yes
, an agreement can be
conditional.
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What is the mens rea required for conspiracy?
The intention to form an
agreement.
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What are the two types of relationships in conspiracies?
Chain
relationship: one large conspiracy with sub-agreements regarded as one.
Hub
and
Spoke
relationships: multiple independent conspiracies with a common member (the hub).
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What is a chain relationship in conspiracies?
A chain relationship is when one large conspiracy includes
sub-agreements
regarded as one single scheme.
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What is a hub and spoke relationship in conspiracies?
A hub and spoke relationship involves multiple conspiracies with a common
member
and
independent
sub-agreements.
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What is the significance of a common member in a hub and spoke relationship?
The common member acts as the
hub,
connecting various
independent
conspiracies.
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