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16 Cards in this Set
- Front
- Back
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What does 'Inchoate' mean? |
"Just begun, rudimentary, not fully formed" |
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What are the three types of inchoate offences in Scots law? |
Attempt; conspiricy; incitement |
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Criminal Procedure (Scotland) Act 1995 s294 |
294.— Attempt at crime. (1) Attempt to commit any indictable crime is itself an indictable crime. (2) Attempt to commit any offence punishable on complaint shall itself be an offence punishable on complaint. |
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What is the authority to for the claim that the mens rea for an attempt is the same for a completed crime? |
Cawthorne v HM Advocate, 1968 |
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What must the actus reus for an attempt be? |
There must be some conduct on the part of the accused which constitutes the crime (and provides evidence of the mens rea) |
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What is the authority for the 'irrevocability theory' that there "must be some overt act, the consequences of which cannot be recalled by the accused"? |
HM Advocate v Tannahill & Neilson, 1943 |
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What is the 'last act theory' of the actus reus of an attempt? |
The actus reus of an attempt is only complete when the accused has done the 'last act' necessary to commit the crime |
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'The law does not strike at preperation to commit a crime unless by special statutory enactment such preperation is placed in the category of crime' |
HM Advocate v Mackenzies, 1913 |
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Is it a crime to attempt a crime that circumstances mean is impossible to commit? |
Yes |
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A conspiracy is "constituted by the agreement of two or more persons to further or achieve a criminal purpose" |
Maxwell v HM Advocate, 1980
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The agreement between the parties need not be express, but can be inferred from their actions. |
Coleman v HM Advocate, 1999 |
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Carberry v HM Advocate, 1976 |
The crime of conspiracy is complete when the accused agree to achieve a criminal purpose. Proof may, however be difficult if no action has been taken in furtherance of the agreement. |
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The actual means must be specified in the charge, ie how the purpose would be carried out |
Sayers and others v HM Advocate, 1981 |
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It is possible to convict A of conspiring with B even where that contradicts proceedings against B |
Howitt v HM Advocate, 2000 |
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Scottish courts have juristiction over conspiricies which do not take place in Scotland, if the completed crime would take place here |
HM Advocate v Al Megrahi, 2000 |
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What is the mens rea and actus reus of incitement? |
Mens rea: |
