Inchoate Offences In Uk Law
1. Attempt
Definition:
An attempt occurs when a person, intending to commit a crime, does an act more than merely preparatory toward its commission but fails or is interrupted.
Key Case: R v. Campbell (1991) 93 Cr App R 177
Facts: Campbell was caught with a loaded gun near a post office. He claimed he did not intend to rob it but to get money for drugs.
Judgment: Court held that for attempt, the act must be more than merely preparatory but does not need to be the final act. Campbell's acts constituted an attempt to commit robbery.
Significance: Established the “more than merely preparatory” test to distinguish mere preparation from an attempt.
Other Important Case: R v. Geddes (1996) 160 JP 36
Facts: Defendant found in school toilets with a knife, rope, and masking tape.
Judgment: Court held this was not an attempt to kidnap as no act had gone beyond preparation.
Significance: Clarified that acts must be proximate enough to commission of offence.
2. Conspiracy
Definition:
An agreement between two or more persons to commit a criminal offence, regardless of whether the crime is ultimately carried out.
Key Case: R v. Anderson and Morris [1966] 1 QB 110
Facts: Defendants conspired to cause explosions.
Judgment: Court held that it is not necessary for conspirators to communicate directly; the agreement to commit an offence is the crime.
Significance: Emphasized that the agreement itself is criminal.
Modern Example: R v. Saik [2006] UKHL 18
Facts: Defendant involved in a conspiracy to launder money but claimed he did not know it was criminal property.
Judgment: House of Lords held that knowledge of the criminal element is required for conspiracy to commit an offence.
Significance: Clarified mens rea in conspiracy—knowledge of essential facts is necessary.
3. Incitement / Encouragement
Definition:
Incitement (now replaced by “encouragement” under the Serious Crime Act 2007) involves encouraging or persuading another to commit an offence.
Key Case: R v. Howe (1843) 6 C & P 439
Facts: Defendant encouraged others to commit an assault.
Judgment: Held that incitement to commit a crime is itself punishable even if crime is not committed.
Significance: Established incitement as a distinct inchoate offence.
Under the Serious Crime Act 2007 (Section 44), "Encouraging or Assisting Crime" replaces incitement, expanding scope to indirect encouragement.
4. Attempt: R v. Shivpuri [1986] AC 1
Facts: Defendant attempted to deal with what he believed was illegal drugs, but the substance was harmless.
Judgment: House of Lords held that impossibility is no defence to attempt.
Significance: Clarified that a person can be guilty of attempt even if completing the crime is factually impossible.
5. Conspiracy: R v. Chrastny [2009] EWCA Crim 3189
Facts: Involved a conspiracy to manipulate share prices.
Judgment: Court confirmed that conspiracy requires an agreement with a criminal purpose; mere discussion of ideas is insufficient.
Significance: Reinforced the requirement of agreement and mens rea.
Summary Table
| Offence | Definition | Key Case | Legal Principle |
|---|---|---|---|
| Attempt | Act more than preparatory toward crime | R v. Campbell (1991) | "More than merely preparatory" acts constitute attempt |
| Conspiracy | Agreement to commit a crime | R v. Anderson (1966) | Agreement alone constitutes the offence |
| Incitement | Encouraging/persuading crime | R v. Howe (1843) | Incitement punishable even if crime not committed |
| Attempt (impossibility) | Attempt where completion impossible | R v. Shivpuri (1986) | Impossibility not a defence to attempt |
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