• 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

Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  • Essay length: 1985 words
  • Submitted: 06/06/2005
Share this essay:
GCSE Law

The first 200 words of this essay...

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

Read more
The above preview is unformatted text

Found what you're looking for?

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

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.