GDL Law Notes GDL Criminal Law Notes
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...
The following is a more accessible plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Crim revision, Inchoate offences
Conspiracy & attempt are not mutually exclusive.
Conspiracy
Statutory—Crim Law Act 1977, s1(1)
AR—agreement (between 2 or more people) to a course of conduct that will necessarily amount to/involve an offence ... [see statute book]
What is ‘agreement’
Need a meeting of minds; More than mere discussion/negotiations (R v Walker) [[way to remember: beyond point of walking away—Walker]].
No need to agree all details (DPP v Nock) [[way to remember: ‘can be nocked down’]].
No need to take steps to carry out the agreement (DPP v Doot) [[way to remember: don’t have to ‘Do-It’/’Doot’]].
Can’t conspire, s2(2) CLA: spouses (including civil partners); children under 1; an intended victim of the crime.
Unless 3rd person involved, (R v Chrastny)—spouses, 3rd person—all guilty of conspiracy.
MR—intention to agree:
Issue 1—intention to agree that the offence actually be committed?
NOR v Anderson, MR = just require that D intends to play a part
Re: agreed with cell mate to help him escape from prison; said the escape plan was never going to work so never intended it to actually be committed.
Lord Bridge: no requirement of intention that offence actually be committed; only MR is intention to play some part in agreed course of conduct.
[[note: impossibility is not a defence in Crim Law Act, this was the point that should have come up in Anderson to prevent him getting off, was impossible to do the escape]].
YES, MR = intention that offence actually be committed:
R v McPhillips (N Ireland CA), re member of an IRA cell, tasked with planting a bomb on roof; charged with conspiracy to murder; he had planned to phone in a warning. Lowry LJ: need intention that the offence be actually committed.
R v Edwards (CA): re supplying amphetamine.
R v Ashton (CA): re conspiracy to murder, D said didn’t intend to carry out. CA—not builty.
Yip Chiu-Chung v R (PC, from HK): re conspiracy to traffic heroin, one of them as undercover agent.
Issue 2—intention to take part in the course of conduct/to play a part in carrying out the agreement
R v Anderson: yes, need intention to play some part in the agreed course of conduct.
But problem: allowed kingpins/masterminds to get away, not guilty of conspiracy.
R v Siracusa (CA): broad interpretation of ‘taking part in course of conduct’, eg coming up with the plan, sanctioning others to do it, etc.
SO summary of law as it stands:
Probably need intent that the offence be committed is required (McPhillips; Edwards; Ashton; Yip Chiu-Chung).
In the absence of such intention: possibly sufficient to have intent that D take part in course of conduct (Anderson); but interpreted very broadly (Siracusa).
Note, Draft Criminal Code, clause 48: requires intention that the offence by committed.
R v Jackson: Conditional intent/agreement is sufficient for AR and MR (eg ‘If I’m convicted, I want you to break my leg’).
Impossibility & conspiracy
3 types of impossibility:
(1) non-existence crime (is a defence)
Can’t transfer MR of a non-existence crime; cannot turn a lawful act into an unlawful act.
R v Taafe: charged with an attempted offence; smuggling of drugs; was actually cash, he thought was a crime to smuggle cash; not guilty, no crime of importing cash.
(2) impossibility through inadequacy (not a defence to conspiracy)
No authority, an assumption. Should have been raised in Anderson.
(3) Impossibility in fact (not a defence)
(a) physical impossibility.
(b) legal impossibility: absence of a particular element of AR, eg can’t be guilty of criminal damage to own property. But could be guilty of conspiracy/attempt?
S1(1)(b) CLA 1977: impossibility is not a defence to conspiracy
S1(2) & (3) Crim Attempts Act 1981 (for attempts): impossibility in fact is no defence.
Attempt
Crim Attempts Act 1981, s1 [[makes it slightly easier than old common law to get prosecution]].
AR = an act which is more than merely preparatory towards the commission of an offence
Question of Fact for jury, if judge is satisfied the actions are capable of being more than preparatory (s4(3)).
If ‘embarking on the crime proper’ (Gullefer).
If done last possible...
Buy the full version of these notes or essay plans and more in our GDL Criminal Law Notes.
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started