Inchoate Offences

Abstract

What are inchoate offences? The word ‘inchoate’ indicates that these offences are in a sense incomplete. They are not concerned with the direct causing of harm to a victim, but with either encouraging or planning with others to commit crimes, or trying to commit the crime itself. Several justifications for their existence have been offered. One is to see inchoate offences as preventative measures: liability is imposed for acts which fall short of a complete offence, such as murder or theft, but which come close enough to threaten public order and the Queen’s peace. The criminal law intervenes to prevent the complete offence (usually termed the ‘substantive offence’) from being committed. Another justification relies on the moral wrongfulness of the acts. It may be for example that someone’s unsuccessful attempt to injure another only fails due to the quick response of the victim, in which case the attempt may be as morally blameworthy as a completed crime.