The Inchoate (Incomplete) Offences - Essay Notes

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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