Inchoate Offences
Attempt
S1 Criminal Attempts Act 1981
D carries out an act that is “more than merely preparatory”
Must intend to commit the actus reus of the offence
Conspiracy
S1 Criminal Law Act 1977
Agreement to commit an offence
Need to intend the agreement but D does not need to play an active role
Encouraging or Assisting Offences (ss 44-49 Serious Crime Act 2007)
Defendant needs to do an act capable of encouraging or assisting another to commit an offence
D may intend to insist or encourage, or believe that his act will do so
Common
D does not actually commit the actus reus of the offence
But has done enough to merit the intervention of the criminal law
Some moral issues here as D has not yet actually carried out the offence – a topic that is heavily debated
Attempt
Actus Reus
Defendant has to carry out an act that is more than merely preparatory to the commission of an offence
Mens rea
Generally Defendant needs the mens rea to commit the full offence (intent to produce the actus reus e.g. attempt to
murder needs to have intention to kill)
An intention is required even if recklessness is sufficient for the full offence
Intention includes indirect intention – Pearman (1984)
“More than merely preparatory”
Not every preparatory act is an attempt
E.g. buying a “swag bag” and balaclava for a later burglary…
Can be difficult to determine in reality what this looks like, as dependent on the facts
E.g. Geddes [1996]
D’s actions were only preparatory and had not started embarking on the crime
Things to look for
Defendant has done the last act – Jones [1990]
HOWEVER…
D may still be liable even if they have not done all that they can
Need to look at all the elements of the actus reus of the full offence
E.g. Toothill
D knocked on door of a house with intention to burgle
Was arrested in the garden
Had done more than mere preparation relating to AR (entry, building, trespasser)
Attempt
S1 Criminal Attempts Act 1981
D carries out an act that is “more than merely preparatory”
Must intend to commit the actus reus of the offence
Conspiracy
S1 Criminal Law Act 1977
Agreement to commit an offence
Need to intend the agreement but D does not need to play an active role
Encouraging or Assisting Offences (ss 44-49 Serious Crime Act 2007)
Defendant needs to do an act capable of encouraging or assisting another to commit an offence
D may intend to insist or encourage, or believe that his act will do so
Common
D does not actually commit the actus reus of the offence
But has done enough to merit the intervention of the criminal law
Some moral issues here as D has not yet actually carried out the offence – a topic that is heavily debated
Attempt
Actus Reus
Defendant has to carry out an act that is more than merely preparatory to the commission of an offence
Mens rea
Generally Defendant needs the mens rea to commit the full offence (intent to produce the actus reus e.g. attempt to
murder needs to have intention to kill)
An intention is required even if recklessness is sufficient for the full offence
Intention includes indirect intention – Pearman (1984)
“More than merely preparatory”
Not every preparatory act is an attempt
E.g. buying a “swag bag” and balaclava for a later burglary…
Can be difficult to determine in reality what this looks like, as dependent on the facts
E.g. Geddes [1996]
D’s actions were only preparatory and had not started embarking on the crime
Things to look for
Defendant has done the last act – Jones [1990]
HOWEVER…
D may still be liable even if they have not done all that they can
Need to look at all the elements of the actus reus of the full offence
E.g. Toothill
D knocked on door of a house with intention to burgle
Was arrested in the garden
Had done more than mere preparation relating to AR (entry, building, trespasser)
