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"All inchoate offences should be abolished on the theory that society is not harmed until the crime is completed" - Critically evaluate the strengths and weaknesses of the above proposition.

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"All inchoate offences should be abolished on the theory that society is not harmed until the crime is completed" Critically evaluate the strengths and weaknesses of the above proposition using examples drawn from any of the inchoate offences of incitement, conspiracy and attempt. 'All inchoate offences should be abolished on the theory that society is not harmed until the crime is completed', during this essay I shall critically evaluate this statement, using examples from the inchoate offences of incitement, conspiracy and attempt. The definition of Inchoate offences, are the incomplete offences. I shall first explain the actus reus and the mens rea required for all the inchoate offences. The actus reus of conspiracy is the agreement with another or others that a course of conduct will be pursued, which if carried out by their instructions, will lead to an offence. The mens rea of conspiracy is intention, although in Anderson 1986 the House of Lords decided that the defendant was to be found guilty even when intention was not established. ...read more.


In Siracusa 1990 the Court of Appeal decided that the decision made in Anderson was not entirely correct. From another inchoate offence, incitement, the abolishment of inchoate offences may be seen in a different way. People suggesting or persuading another person to commit a crime is no harm to society unless the suggestion, persuasion or urge results in another person committing an offence. Some people feel that this inchoate offence should be abolished, as it is merely a suggestion to another person, who should know better. People also feel that it should be abolished as loopholes are being found such as in the case of Whitehouse 1977, where a man accused of inciting a young girl to have sexual intercourse with him, as intercourse did not take place the defendants conviction was quashed. The majority of people including myself feel that this inchoate offence should stay how it is. Without incitement people would get away with encouraging others to commit an offence. This inchoate offence can be to an individual or to the whole world, such as in Invictor Plastics ltd. ...read more.


The loopholes found with inchoate offences, such as in the case of Whitehouse1977 and Mcphillips 1990, can be seen as wasting the courts time. People agree with the arguments bought forward that inchoate offences should be abolished as no real offence has taken place, resulting in hurting someone or damaging society in general. The weaknesses of this proposition is that without the offences of conspiracy, incitement or attempt people could help plan, encourage or even attempt to commit an offence and get away with it, which would be unacceptable. We need inchoate offences to stay with the legal system, so people conspiring, inciting or attempting an offence can be caught before the offence is actually taken place. So in all I feel that all inchoate offences should stay how they are, because if they were abolished the courts and legal system in general would be a disaster. Given more time to complete I would have looked at all the inchoate offences, being conspiracy, incitement and attempts and looked at the proposition in more detail, including why certain issues of inchoate offences should be abolished. E.g. abolishing impossibility in all inchoate offences. Jack Ingrey Inchoate offences Law ...read more.

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3 star(s)

A weak three stars, in view of my comments above.

Marked by teacher Edward Smith 05/09/2013

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