Deck 15: Inchoate Offences

Question 1

Which ONE of the following inchoate offences was introduced by the Serious Crime Act 2007?

A) Conspiracy
B) Incitement
C) Encouraging or assisting crime
D) Attempt

Answer 1

C

Question 2

Norman asks Mary to provide him with a can of petrol and some rags so that he can set fire to Toby's car. Mary gives Norman the petrol but Norman does not set fire to the car. Which of the following offences might Mary be convicted of?

A) Conspiracy to commit arson
B) No offence because Norman does not set fire to the car
C) Inciting arson
D) Encouraging or assisting arson believing it will be committed

Answer 2

D

Question 3

Which ONE of the following is NOT an offence under the Serious Crime Act 2007?

A) Encouraging or assisting an offence being reckless as to whether it will be committed
B) Encouraging or assisting an offence believing it will be committed
C) Intentionally encouraging or assisting an offence
D) Encouraging or assisting offences believing one or more will be committed

Answer 3

A

Question 4

Which of the following parties may NOT be convicted of a conspiracy to commit an offence?

A) Gail and Harry, a married couple
B) Charlotte and Fortune, who are engaged to be married
C) Gary and Susan, who are divorced
D) Hamed, aged 10 and Trevor, an adult

Question 5

Which of the following mens rea elements is required for conspiracy?

A) Suspicion that the circumstances that constitute the actus reus exist
B) Intention that the agreement be carried out and the substantive offence be committed
C) Recklessness as to the existence of the facts or circumstances which constitute the actus reus of the offence
D) Intention to play an active part in carrying out the agreement

Question 6

What is the mens rea for attempted murder and which authority supports this?

A) Intention to kill or cause GBH - Pearman (1985)
B) Intention to kill or cause GBH - Whybrow (1951)
C) Intention to kill - Pearman (1985)
D) Intention to kill - Whybrow (1951)

Question 7

Which of the following statements about attempts is FALSE?

A) Whether or not the actus reus of attempt is present is a question of fact for the jury to decide
B) The actus reus requires the defendant to take steps which are more than merely preparatory towards the commission of the offence
C) A defendant may not be convicted of an attempt to commit an either way offence under the Criminal Attempts Act 1981
D) Impossibility is no defence to an attempt

Question 8

To which of the following offences is impossibility NOT a defence?

A) Common law conspiracy
B) Statutory conspiracy
C) Intentionally encouraging or assisting an offence
D) Encouraging or assisting an offence believing it will be committed