1.3 Incomplete Offences Flashcards
S44 Serious Crime Act 2007
Intentionally Encouraging or Assisting an Offence
- Does an act capable of encouraging / assisting
- Intends to encourage / assist
Offence of Intentionally Encouraging or Assisting an Offence - Serious Crime Act 2007, s. 44
Triable in the same way as the anticipated offence
Liable to any penalty they would be for the anticipated offence
S45 Serious Crime Act 2007
Encouraging or Assisting an Offence Believing it will be Committed
- Does an act capable of encouraging / assisting
- Believes
- Offence will be committed
- His act will encourage / assist
Sentence of Encouraging or Assisting an Offence Believing it will be Committed - Serious Crime Act 2007, s. 45
Triable in the same way as the anticipated offence
S46 Serious Crime Act 2007
Encouraging or Assisting Offences Believing One or More will be Committed
- Does an act capable of encouraging / assisting one or more of a number of offences
- Believes
- One or more of those offences will be committed (no belief as to which)
- Act will encourage / assist one or more
Offence of Encouraging or Assisting Offences Believing One or More will be Committed - Serious Crime Act 2007, s. 46
Triable on indictment
Under Serious Crime Act offences of encouraging or assisting crime, can an ‘act’ include threatening behaviour or putting someone under pressure?
Yes
Under Serious Crime Act offences of encouraging or assisting crime, does an ‘act’ include a failure to discharge a duty?
Yes
It will be a defence to the offences under S44-46 Serious Crime Act if the person charged acted _________
Reasonably - in the circumstances he was aware of or reasonably believed existed, it was reasonable to act in that way
Can a person be convicted of more than one offence under S44-46 Serious Crime Act in relation to the same act?
Yes
What offence do S44-46 Serious Crime Act not apply to?
Corporate manslaughter
S1 Criminal Law Act 1977
Conspiracy
What is statutory conspiracy?
A person agrees with any other person(s) that a course of conduct will be pursued which, if the agreement is carried out in accordance with their intentions, either
- Will necessarily amount to / involve the commission of any offence(s) by one or more of the party, or
- Would do so but for the existence of facts which render the commission of the offence impossible
Offence of Conspiracy - Criminal Law Act 1977, s. 1
Triable on indictment
When is the offence of conspiracy complete?
At the time of agreement
Does it matter whether the offence conspired to do is ever carried out?
No
How many people do you need for a conspiracy?
At least two
Each conspirator must be aware of an ______ _______ _______
Overall common purpose
What is required for a conspiracy? (a _______ of ______)
Meeting of minds
Can A be guilty of a conspiracy with B if B intends to sabotage it?
No - there is no meeting of minds
What happens if one conspirator enters into separate agreements with different people?
Each agreement is a separate conspiracy
Can you commit a conspiracy with an unknown person?
Yes
A conspiracy cannot be committed if the only other party is:
- Spouse or civil partner
- Under 10 years old
- Intended victim
Can husband / wife or civil partners commit a conspiracy if they conspire with another person?
Yes
What must the end product of a conspiracy agreement be?
The commission of an offence by one or more of the parties in the agreement
Can you attempt to conspire?
No
Can you charge one person with a conspiracy if the others are unknown?
Yes
Can you conspire to commit summary only offences?
Yes, but it requires the authority of DPP to prosecute
Can you conspire to aid and abet?
No
What is common law conspiracy?
Conspiracy to defraud:
Agreement between two or more persons
By dishonesty
To deprive a person of something which is his, or to which he is / might be / would be entitled
OR to injure some proprietary right of the victim
Offence of Conspiracy to Defraud - Common Law
Triable on indictment
10 years
Under conspiracy to defraud, is there a requirement to prove that the end result would amount to the commission of an offence?
No, simply that it would result in depriving a person of something or injuring their proprietary right
Do you need to show intent for conspiracy to defraud?
Yes
Do you need to show that a defendant was dishonest for conspiracy to defraud?
Yes
S1 Criminal Attempts Act 1981
- With intent to commit an offence
- A person does an act
- Which is more than merely preparatory to the commission of the offence
Does an omission to act create liability for a criminal attempt?
No - an attempt requires an act
What do you need to prove an attempt?
The intention of the defendant
Can intention be conditional for a criminal attempt?
Yes
Is recklessness as to whether the victim is consenting to sex sufficient mens rea for attempted rape?
Yes
Which offences can you attempt?
Indictable offences other than:
- Conspiracy
- Aiding / abetting / counselling / procuring
- Encouraging or assisting suicide
Can you attempt summary offences that are triable summarily because of an imposed statutory limit (e.g. low-value shoplifting, criminal damage)?
Yes
Offence of Criminal Attempts - Criminal Attempts Act 1981, s. 1
Murder - life imprisonment
Indictable offences - same max penalty as offence, indictable only
Either way offences - same max penalty as summary offence, triable either way
Can you conspire or attempt to commit the impossible?
Yes
