This is an extract of our Inchoate Offences document, which we sell as part of our GDL Criminal Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.
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Crim revision, Inchoate offences
?????Conspiracy & attempt are not mutually exclusive.
?????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' o Need a meeting of minds; More than mere discussion/negotiations (R v Walker) [[way to remember: beyond point of walking away---Walker]]. o No need to agree all details (DPP v Nock) [[way to remember: 'can be nocked down']]. o 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. o 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?
o NO?R v Anderson, MR = just require that D intends to play a part o 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. o Lord Bridge: no requirement of intention that offence actually be committed; only MR is intention to play some part in agreed course of conduct. o [[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]]. o YES, MR = intention that offence actually be committed: o 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. o R v Edwards (CA): re supplying amphetamine. o R v Ashton (CA): re conspiracy to murder, D said didn't intend to carry out. CA---not builty. o 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 o R v Anderson: yes, need intention to play some part in the agreed course of conduct. 1
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