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Lecture notes

attempts and complicity

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This document explores the area of attempts and complicity, the reasoning behind criminalising attempters and accomplishes and the updated law with the new Supreme Court Case of Jogee.

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  • May 6, 2016
  • 8
  • 2015/2016
  • Lecture notes
  • Unknown
  • All classes

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Attempts and complicity

Introduction

We are talking about modes in which general offences can be
committed

These are concepts that apply across the board

They are not themselves offences

In complicity an offence has been made out but the question is whether
someone else’s liability will be attached to the crime

Liability is involved when someone is complicit – in most cases is
assisting or encouraging a crime

Both separate but share point- circumstances in which the defendant
has not committed an offence

Attempts

Inchoate liability-liability for an unfinished crime

Criminal Attempts 1981, s1(1)

We have the idea of attempts from the origins of common law

Definition: If with intent to commit an offence to which this section
applies, a person does an act which is more than merely preparatory to
the commission of the offence, he is guilty of an attempt to commit the
offence.

Mens rea: an intend to commit that offence, not recklessness not
negligence (has caused difficulty for the courts)

Attempts overly apply to indictable offences (only bring them before
Crown Court or Triable either way)

You cannot attempt a battery; it is a summary only offence as a result of
the structure of the offences in the area

Need to understand how an offence is prosecuted

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