13. Inchoate offences

Attempt

Actus reus: The act must be immediately, not remotely, connected with the offence, and must be one that cannot reasonably be regarded as having any other purpose (the proximity and equivocality tests).

Cope v Reginam: A diamond-area superintendent who regularly handled concentrates took a pan of them unescorted. The Court of Appeal applied R v Robinson and quashed his conviction for attempted larceny, because his act was equally consistent with his ordinary duties.

Mens rea: Intention to commit the full offence.

Impossibility: Under the received common law, factual impossibility is generally no defence, but legal impossibility may be.

Conspiracy

Definition: An agreement between two or more persons to do an unlawful act, or a lawful act by unlawful means. The agreement is the offence.

Overt acts: In treason cases under the 1963 Act, conspiracy has been charged as an overt act of preparing, and overt acts are laid with particularity (Lansana; State v Forna).

Incitement

Definition: Encouraging or persuading another to commit an offence, with intention that it be committed.

Communication: The incitement must reach the person incited. In Mohamed Musa v Reginam a conviction for inciting others not to pay local tax was quashed because there was no evidence of a communication to anyone the accused wished to incite; a statement of one's own intention not to pay is not incitement.

No need for the offence: The full offence need not be committed (Bob-Jones).