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 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.  His conviction was upheld. Approach in Edwards would ensure that such a person could still be liable for conspiracy as he had been party to the agreement and intended it to be carried out and the crime committed

- R v SIRACUSA (1990) – Court said that Anderson despite its fairly clear dicta did not mean that D had to intend to play any part in carrying out of the agreement.

- The two above cases make clear that D is not necessarily required to play an active part in carrying out agreement

- In conspiracies involving more than two, each D will be liable for conspiracy to commit only those crimes which he knows about & you don’t need to know your conspirators

Who can conspire

- At least two people except where one is a spouse or aged under ten or intended victim – S2 CLA 1977

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Impossibility & conspiracy

- Even where the act agreed is impossible, a conspiracy charge may still succeed S1 (1)(a) CLA 1977

- Conviction: it is possible for one conspirator to be convicted even if the other is acquitted

- Sentencing: not to exceed max for crime agreed

INCITEMENT (common law)

Actus Reus:

- Encouraging other to do something which is a crime may be spoken, written or by some sign

- Needs real encouragement, not merely suggestion

- D need not incite a particular person – maybe addressed to group or people in general

- R v MOST ...

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