Inchoate Offences

• What are inchoate offences?

  When the defendant is liable for taking some steps to commit an offence
• What are the three types of inchoate offences?

  • Attempted X: D liable for attempting to commit X (& failing)
  • Conspiracy to X: D liable for agreeing with others to commit X
  • Assisting/encouraging X: D liable for assisting/encouraging another to commit X
• What statute highlights attempts?

  • S1 (1) Criminal Attempts Act 1981
  • ‘If, with intent to commit an offence…a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.’
  • S.1(4) – Attempt is not available for summary offences (assault). The principal offence must be indictable or triable either way.
  • S.4 – Attempt carries same maximum sentence as the principal offence (e.g. mandatory life imprisonment for attempted murder)
• What is the actus reus for attempts?

  • the principle offence must be capable of being committed
  • an act
  • which is more than merely preparatory
• What is the mens rea for attempts?

  Intention to commit the principle offence
• What statute sets out conspiracy?

  • S1 (1) Criminal Law Act 1977
  • "A person is guilty...when he/she agrees with any person(s) that a course of conduct shall be pursued..."
• What is the actus reus for conspiracy?

  • An agreement
  • Between two or more persons
  • To pursue a course of conduct which amounts to a crime
• What is the mens rea for conspiracy?

  • Intent for the agreement
  • Intent for the offence
  • Intent or knowledge of the facts
• What is the statute for encouraging/assisting a crime?

  Serious Crime Act 2007

  • Section 44 - intentionally encouraging or assisting an offence
  • Section 45 - encouraging or assisting an offence believing it will be committed
  • Section 46 - Encouraging or assisting offences believing one or more will be committed
• What is the actus reus for S44 of the SCA 2007?

  • An act or omission
  • Capable of encouraging/assisting an offence
• What is the mens rea for S44 of the SCA 2007?

  • Intention to encourage/assist
  • State of mind
• What is the actus reus for S45 of the SCA 2007?

  • An act
  • Capable of encouraging/assisting an offence
• What is the mens rea for S45 of the SCA 2007?

  • Belief that the offence will be committed
  • Belief that his conduct will encourage or assist the offence
  • State of mind