Deck 12: Inchoate Offences, and the Criminal Liability of Corporations

Question 1

Crimes where the defendant has taken steps towards committing the crime but has not yet done so are known as ____ offences.

Answer 1

inchoate
Explanation: Inchoate offences are those where it only needs to be shown that the defendant has taken steps towards completing the offence and it does not need to be shown that he has completed it.

Question 2

What is the actus reus of an attempt?

A) that the defendant has done an act which is more than merely preparatory to the commission of the offence
B) that the defendant has tried, but failed to commit the offence and the victim has suffered no harm
C) that the defendant has done more than merely thinking about committing the offence, but has put his plan into practice
D) that the defendant has encouraged others to help him commit an offence

Answer 2

A
Explanation: Section 1(1) of the Criminal Attempts Act states that the mens rea of an attempt is that the defendant has done an act which is more than merely preparatory to the commission of the offence.

Question 3

According to the Court of Appeal in Khan the mens rea of an attempt requires the defendant to intend to do his act, but the defendant need only be ____ as to the circumstances in which he acts.

Answer 3

reckless
Explanation: According to the Court of Appeal in Khan the mens rea of an attempt requires the defendant to intend to do his act, but the defendant need only be reckless as to the circumstances in which he acts.

Question 4

In Shivpuri the House of Lords held that a defendant who believed he was selling drugs, but was in fact selling vegetable matter, could not be guilty of an attempted offence.

Question 5

Which of the following best defines the mens rea for the offence of encouraging or assisting an offence contrary to s.44 of the Serious Crime Act 2007?

A) The defendant must foresee that the person encouraged or assisted might commit the offence.
B) It must be foreseeable that the person encouraged or assisted might commit the offence.
C) The defendant must intend to encourage or assist the commission of the offence..
D) The defendant must foresee that it is very likely that the person encouraged or assisted will commit the offence.

Question 6

The offence of encouraging or assisting an offence is only committed if the person incited as a result commits an offence.

Question 7

A conspiracy is an _____ by two or more people to commit an offence.

Question 8

If the only two parties to a conspiracy are a husband and wife there can be no offence.

Question 9

The actus reus of the offence under s. 44 Serious Crime Act 2007 is doing an act ____ of encouraging or assisting the commission of an offence.

Question 10

The main difference between the offence in section 44 and in section 45 of the Serious Crime Act 2007 lies in the actus reus.

Question 11

Which of the following best summarises the notion of vicarious liability?

A) A company is responsible for all the actions of its directors.
B) An employer can be liable for offences committed by employees if acting in the course of their employment.
C) A company is never responsible for the acts of its employees.
D) A company cannot be guilty of a crime.

Question 12

A company can be convicted of corporate manslaughter if the way in which its activities are managed or organised amounts to a gross breach of a duty of care owed to the deceased .

Question 13

An organisation will only be guilty of corporate manslaughter if the way in which its activities are managed or organised by any of its employees is a substantial element in the breach.'