The structure, coherence and limits of inchoate liability: the new ulterior element

Child, J J (2014) The structure, coherence and limits of inchoate liability: the new ulterior element. Legal Studies, 34 (4). pp. 537-559. ISSN 0261-3875

[img]
Preview
PDF - Accepted Version
Download (537kB) | Preview

Abstract

This article explores the role of ulterior intention (and ulterior mens rea more generally) within the criminal law. Divided into three Parts, we first question the role and location of ulterior mens rea within the offence elements of acts, circumstances and results. Concluding that such accommodation is conceptually unsound, we highlight the problems this has caused in the context of inchoate liability where the separation of elements is now essential to the application of the law. Central to this discussion is the problematic attempts case of AG Ref (No.3 of 1992) [1994] 1 WLR. 409. We contend that best way forward is to recognise a new ulterior mens rea element. Such an element has the potential to maintain conceptual coherence between offence elements, resolve substantive problems arising in the context of inchoate liability, as well as creating a new method for limiting inchoate liability (and infinite inchoate liability) from the potential for over-criminalisation.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KD Law of the United Kingdom and Ireland > KD0051 England and Wales
Depositing User: John Child
Date Deposited: 11 Sep 2013 06:39
Last Modified: 10 Oct 2017 11:43
URI: http://sro.sussex.ac.uk/id/eprint/45989

View download statistics for this item

📧 Request an update