• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Inchoate (Incomplete) Offences - Essay Notes

Extracts from this document...

Introduction

The Inchoate (Incomplete) Offences Include: - Conspiracy - Incitement - Attempt CONSPIRACY - An agreement between at least 2 people to commit an unlawful act, or a lawful act unlawfully - You cannot withdraw from conspiracy and cannot use withdrawal as a defence because the Actus Reus is already done - 3 types existed in common law: to commit any crime, to defraud, to corrupt public morals or outrage public decency - CRIMINAL LAW ACT 1977 (amended by CRIMINAL AATEMPTS ACT 1981) replaced most of the common law so that any conspiracy that amounts to a criminal offence is not statutory conspiracy - CRIMINAL LAW ACT abolished common law conspiracy with exceptions of conspiracy to defraud, or to corrupt public morals or outrage public decency Actus Reus: the reaching of an agreement Mens Rea: - S1 (2) CLA 1977 requires that D & another must have known or intended that the circumstances for the substantive act would come about & S1 (1) that they intended the agreement to be carried out - R v EDWARDS (1991) - Accused agreed to supply amphetamine but appeared to have intended to supply a different drug, ephedrine which was not a controlled drug. According to COA the judge had rightly directed the jury that they could convict of conspiracy to supply amphetamine if it was proved he had agreed to supply amphetamine and he intended to supply that drug - merely agreeing with no intention of actually supplying the controlled substance was not enough. ...read more.

Middle

Fitzmaurice's father had asked him to recruit people to commit a robbery near a bank in Bow, on a woman whom he said would be carrying a lot of money. He found 1 person, who recruited 2 other and the put, all 3 in touch with his father. Unknown to Fitzmaurice, his father had no intention of bringing about the crime he had discovered, and in fact planned to claim reward money by reporting his son's activities to the police. Fitzmaurice was convicted of incitement to rob, and COA upheld his conviction because the incitement was in general terms & the offence of robbery was not impossible to carry out - even if the men could not rob the particular woman whom Fitzmaurice's father appeared to have in mind, the could have robbed someone else coming out of the bank. Mens Rea: intention that end result of the crime should occur & knowledge of, or wilful blindness to, the circumstances which make act illegal - DPP v ARMSTRONG (2000) - had asked another man to supply him with pornography involving girls not younger than 12 years. Unknown to him the man he had asked to supply the pornography was a police officer, and D was charged with inciting a person to distribute indecent photographs of children. At first instance the magistrates found that the police officer had no intention of supplying the respondent with child pornography and following R v CURR, concluded that D was not guilty of incitement. ...read more.

Conclusion

His convicted for attempted robbery was quashed because, it was held that here was no evidence on which a jury could safely find that his acts were more than merely preparatory to committing the offence. - GEDDES (1996) - Accused had entered some school premises including boys' toilets. On being discovered he ran away discarding a rucksack which was found to contain a rope, masking tape and a large kitchen knife. He was charged with attempted false imprisonment and the trial judge ruled that there was a case fit for the jury's consideration. Accused was convicted but appeal was allowed. Where there was no doubt about the appellant's intention, there was no evidence of the Actus Reus of the offence. Evidence showed that he had made preparation, got himself ready & put himself in a position to commit the offence of false imprisonment, but he had not made contact with any pupil. He had not moved from the role of preparation and planning into the area of execution or implementation. - TOSTI & WHITE CA 1997 - Driving to the scene of the crime, concealing equipment for burglary & examining locks held "essentially the first steps in the commission of the crime") - There does not need to be "one last preparatory act" - AG's REF No 1 of 1992 - and judges should be wary of directing jury too rigidly Impossibility & attempt - if offence is impossible a charge of attempt can still succeed - SHIVPURI - if D intended the offence and did more than merely preparatory, he maybe convicted Sentence: max is same as for the same offence ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Criminal Law (Offences against the person) - revision notes

    Smith said treatment was palpably wrong, but court said it was only poor. R v Cheshire (1991) - Cheshire got into a fight and shot victim in leg and stomach. Hospital didn't give affective treatment and victim develops breathing difficulties, they do a tracheotomy badly and he dies.

  2. Explain the need for discipline in at least two public services. Analyse the role ...

    you refused to because you thought that you had a better plan which meant not searching the house yet. Your actions could lead to evidence being hidden, and the case falling through. In which case you would be disciplined for not following orders, and preventing the course of justice.

  1. Justices of the Peace - Magistrates Courts

    They are given no training for this task, they deliberate in secret, they return a verdict without giving reasons, and they are responsible to their own conscience but to no one else. After the trial they melt away into the community from which they are drawn.

  2. Law- Strict liability, mens rea actus reus

    D- Strict liability crimes are those where it is not necessary to prove the mens rea, the defendant would be guilty by only doing the actus reus. A case which involved this was Winzar v. Chief constable for (1983). In this situation, a man who was found drunk was taken

  1. Vicariouis liability and article 21

    It can fairly be said that 'law' is used in the sense of lex (state made laws) and not jus. The expression 'procedure established by law' would therefore mean the procedure as laid down in an enacted law. RELATING ARTICLE 21 AND VICARIOUS LIABILITY There are number of cases in

  2. In order to secure a conviction for an attempted crime the accused must be ...

    Also, in Geddes (1996) D was discovered in a boys' toilet of a school with a large knife, ropes and masking tape. His conviction for attempted false imprisonment was quashed on the grounds that the acts were not more than merely preparatory to the actual offence.

  1. The Law Relating to Negotiable Instruments

    According to the custom of Hindu merchants the money of the Hundi is payable only when and if the goods arrive. The Hundi is in the nature of a policy of insurance, but with this difference that the money is paid beforehand, and is to be recovered if the ship arrives safely.

  2. Critically evaluate the changes which have been made since 1990 to the definition of ...

    was gradually eroded from 1949 onwards by the courts in cases where there had been a separation order, a decree nisi for divorce, a non-molestation order, or a separation agreement between both parties. The wording of the 1956 Sexual Offences Act was eventually challenged by the House of Lords in

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work