Inchoate Offences

Rationale for the Law of Attempt

that D’s actions are thought to be sufficiently close to the completed offence as to warrant liability. An inchoate offence must be a crime of specific offence. They consist of the initial steps towards the commission of an offence.

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CRIMINAL ATTEMPTS ACT 1981 – S1(1)

if with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.

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AR and MR of Attempt

Actus Reus: (1) An Act (2) Which is more than Merely Preparatory Mens Rea: Intention to Commit the Completed Offence

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S14 sets out some offences which cannot be attempted

conspiracy, aiding, abetting, counselling, procuring or suborning the commission of an offence and assisting offenders or accepting or agreeing to accept consideration for not disclosing information about an arrest able offence.

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Actus Reus of Attempts: Campbell [1991]

D planned to rob a post office. He approached wearing a helmet, gloves and carrying an imitation fire arm with a threatening note. He was stopped by the police a metre from the door. He was found that he had not done more than anything more than MP

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Actus Reus of Attempts: R v Gullefer [1990]

the D jumped onto a greyhound track race in order to disrupt the race and recover the money he had betted on a losing dog. He was not convicted as he was still some way from collecting his money when he was arrested.

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Actus Reus of Attempts: R v Jones (Kenneth) [1990]

D took revenge on the new partner of his ex-gf. He jumped into the partners car and pointed a sawn off shot gun at him, with the safety on. A struggle ensued and the V got hold of the gun. D tried to strangle V but failed. Passed MP by pointing gun

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Actus Reus of Attempts: R v Geddes [1996]

D was found in the toilet of a boy’s school with a rucksack containing a large knife, lengths of rope and a roll of masking tape. He was not convicted as he was merely lying in wait and had not yet began an act.

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Actus Reus of Attempts: The Law Commission

recently confirmed that the test of acts more than merely preparatory should remain, but that two offences should be introduced “attempt” and “criminal preparation”.

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Mens Rea of Attempts

All IO’s are crimes of specific intent, the D must intend to bring around the final result of the crime. If the result is foreseen as a virtual certainty, then oblique intention applies with the Woollin test and the jury will find intent.

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Mens Rea of Attempts: Easom [1971]

A conditional intent is also usually sufficient, for example it wouldn’t suffice for theft but would for attempted theft

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Mens Rea of Attempts: Whybrow [1951]

For attempted murder, only an intention to kill will suffice . In this case the D tried to electrocute his wife in the bath.

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Mens Rea of Attempts:O’Toole [1987] and Millard [1987]

the prosecution had to prove intention to destroy/damage property belonging to another without lawful excuse for attempted criminal damage or arson.

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Mens Rea of Attempts: Aggravated Criminal Damage with endangerment to life

Can be satisfied by recklessness. It does not matter the harm occurred if it was foreseen or intended. Although he must intend to bring around the result, he need only be reckless as to the circumstance of the intended crime

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S1(2) CAA 1981

you can attempt an offence which is impossible to complete. 1. Physical Impossibility (e.g D intends to steal something which no longer exists) 2. Ineptitude (e.g D tries to break into house with hammer, but the hammer breaks) 3.Legal Impossibility

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Shivpuri [1987] Two questions for the jury, per Lord Bridge, if attempt of an impossible crime

1. Did D intend to commit the offence? 2. Did he do more than an act which was merely preparatory to the commission of the intended offence?

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Inchoate Offences

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Card 3

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Card 4

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Card 5

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