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The Concept of Impossibility In Inchoate Offences.
Member rating: No Rating | Words: | Submitted: Mon Dec 22 2003
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THE CONCEPT OF IMPOSSIBILITY IN INCHOATE OFFENCES . The concept of impossibility occurs in all three inchoate offences; incitement, conspiracy and attempts. This concept entails the fact that in some circumstances the planned act which, if carried would result in an unlawful offence, sometimes becomes impossible, and no offence can be committed or is committed. This is well illustrated in Haughton v Smith (1975) AC 476, where the defendant was charged and convicted of attempting to handle stolen goods. Prior to this however, the police had already recovered the stolen goods but proceeded to catch the rest of the people involved, which resulted in the arrest of the defendant. The court held that at the time of the alleged offence the goods, being in the lawful custody of the police, ceased to be stolen goods as stated by section 24(3) of the Theft Act 1968.1 Inchoate offences are used where the full...
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