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Flashcards in Inchoate liability Deck (22)
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1
Q

What is inchoate liability?

A
  • It is an offence where D has not actually committed the AR but has the MR for it
  • It means just begun or underdeveloped
2
Q

What are the three ways to commit this offence?

A
  • Attempt
  • Encouraging/assisting
  • Conspiracy
3
Q

As no crime has actually been committed why is there a need to criminalise?

A
  • Consequentialists say we must deter and restrain the dangerous people
  • Retributionists say there is no moral difference between those successful and unsuccessful
4
Q

Where can the encouraging and assisting part be found in statute?

A
  • The serious crime act 2007

- Section 44, 45 and 46

5
Q

2 examples of encouraging and assisting?

A
  • Terrorism

- Suicide

6
Q

Goldman 2001

A
  • concerned section 44 of the serious crime act 2007

- D bought child pornography therefore creating demand and encouraging and assisting the offence

7
Q

Blackshaw 2011

A
  • Concerned the London riots
  • concerned section 46 of the serious crime act 2007
  • He posted on social media for people to meet in a certain area
  • Encouraged and assisted others to partake
  • Conviction upheld
8
Q

What defence can be found under section 50 SCA 2007?

A
  • Defence of acting reasonably
  • That he knew or reasonably believed circumstances existed
  • Making it reasonable to act as he did in the circumstances as he believed them to be
9
Q

What are the 2 factors to consider when determining the defence of reasonableness?

A
  • The seriousness of the anticipated offence

- Any purpose for an authority by which he claims to have been acting

10
Q

What defence can be found under section 51 (1) SCA 2007?

A
  • Protected category’s

- For example a child would not be guilty for encouraging someone older to sleep with them committing child sex offences

11
Q

Where can conspiracy be found in statute?

A
  • Section 1 Criminal Law Act 1977
  • He is guilty if he agrees with another person that a course of conduct shall be pursued. If the agreement is carried out in accordance with their intentions it could amount to a crime
12
Q

What does Section 1 Criminal Law Act 1977 say about conspiracy?

A
  • He is guilty if he agrees with another person that a course of conduct shall be pursued. If the agreement is carried out in accordance with their intentions it could amount to a crime
13
Q

What 3 elements are needed for conspiracy?

A

1- Agreement of parties
2- At least 2 parties could be husband and wife
3- Acquittal of other conspirators

14
Q

Whitehouse 1852

A
  • Husband and wife can not be used as conspiracy unless there is a third party
  • Here incest with daughter but the daughter was a child age and therefore there was no conspiracy
15
Q

Where can the law on attempts be found?

A
  • Criminal Law Attempts Act 1981
16
Q

What does Section 1 of the Criminal Law Attempts Act 1981 say?

A
  • If with intent to commit a crime a person does an act which is more than merely preparatory to the commission of the offence he is guilty of attempts to commit the offence
17
Q

Can you recklessly attempt to cause criminal damage?

A
  • NO
18
Q

Gullefer 1987

A
  • D was held not to have gone beyond preparatory when he ran onto a track to stop a greyhound race where his dog was loosing
  • This was not classed as an attempt to stop the race
19
Q

Jones 1990

A
  • D had committed attempted murder when he pointed a gun at someone even thought the safety was still attached
  • This was seen as more than preparatory
20
Q

Geddes 1996

A
  • D found in a school toilet with knife and ceiling tape

- Not guilty of attempted false imprisonment because he hadn’t come into conduct with any of the pupils at that point

21
Q

Whybrow 1951

A
  • D attempted to electrocute wife whilst in the bath
  • TJ said it was attempted murder if he intended to kill or cause GBH
  • Conviction overturned because he must have only intended to cause murder
  • GBH not preparatory enough
22
Q

Shivpuri 1987

A
  • D was convicted for attempted trafficking of drug when he was searched and they found vegetable matter
  • He was therefore still guilty as it was intention to traffic drugs