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An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would ...
The offences of "encouraging or assisting a crime" under the Serious Crime Act 2007 are inchoate offences. [22] In each case, the actus reus requirement is that the defendant carry out an act capable of "encouraging or assisting" the commission of another offence.
The most common examples of an inchoate offense are conspiracy and the possession of tools necessary to execute the crime or crimes. "Inchoate offense" has been defined as "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent." [1] [2]
The offences of encouraging or assisting crime under the Serious Crime Act 2007 are inchoate offences. [3] In each case, the actus reus requirement is that the defendant carry out an act capable of "encouraging or assisting" the commission of another offence.
The inchoate offences such as attempt and conspiracy require specific intent in a slightly different sense. The rationale for the existence of criminal laws is as a deterrent to those who represent a danger to society. If an accused has actually committed the full offence, the reality of the danger has been demonstrated.
(2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common ...
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Mens rea is an element of the offence that the prosecution needs to assert beyond a reasonable doubt for the accused to be found fully liable of the offence, assuming the offence is one that requires an element of mens rea (see, He Kaw Teh v R - case from the Australian High Court regarding importance of establishment of the element of mens rea).