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National Investigators' Exam 2022 > 1.3 Incomplete Offences > Flashcards

1.3 Incomplete Offences Flashcards

1
Q

S44 Serious Crime Act 2007

A

Intentionally Encouraging or Assisting an Offence

  • Does an act capable of encouraging / assisting
  • Intends to encourage / assist
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2
Q

Offence of Intentionally Encouraging or Assisting an Offence - Serious Crime Act 2007, s. 44

A

Triable in the same way as the anticipated offence

Liable to any penalty they would be for the anticipated offence

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3
Q

S45 Serious Crime Act 2007

A

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
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4
Q

Sentence of Encouraging or Assisting an Offence Believing it will be Committed - Serious Crime Act 2007, s. 45

A

Triable in the same way as the anticipated offence

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5
Q

S46 Serious Crime Act 2007

A

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
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6
Q

Offence of Encouraging or Assisting Offences Believing One or More will be Committed - Serious Crime Act 2007, s. 46

A

Triable on indictment

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7
Q

Under Serious Crime Act offences of encouraging or assisting crime, can an ‘act’ include threatening behaviour or putting someone under pressure?

A

Yes

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8
Q

Under Serious Crime Act offences of encouraging or assisting crime, does an ‘act’ include a failure to discharge a duty?

A

Yes

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9
Q

It will be a defence to the offences under S44-46 Serious Crime Act if the person charged acted _________

A

Reasonably - in the circumstances he was aware of or reasonably believed existed, it was reasonable to act in that way

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10
Q

Can a person be convicted of more than one offence under S44-46 Serious Crime Act in relation to the same act?

A

Yes

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11
Q

What offence do S44-46 Serious Crime Act not apply to?

A

Corporate manslaughter

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12
Q

S1 Criminal Law Act 1977

A

Conspiracy

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13
Q

What is statutory conspiracy?

A

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
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14
Q

Offence of Conspiracy - Criminal Law Act 1977, s. 1

A

Triable on indictment

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15
Q

When is the offence of conspiracy complete?

A

At the time of agreement

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16
Q

Does it matter whether the offence conspired to do is ever carried out?

A

No

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17
Q

How many people do you need for a conspiracy?

A

At least two

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18
Q

Each conspirator must be aware of an ______ _______ _______

A

Overall common purpose

19
Q

What is required for a conspiracy? (a _______ of ______)

A

Meeting of minds

20
Q

Can A be guilty of a conspiracy with B if B intends to sabotage it?

A

No - there is no meeting of minds

21
Q

What happens if one conspirator enters into separate agreements with different people?

A

Each agreement is a separate conspiracy

22
Q

Can you commit a conspiracy with an unknown person?

A

Yes

23
Q

A conspiracy cannot be committed if the only other party is:

A
  • Spouse or civil partner
  • Under 10 years old
  • Intended victim
24
Q

Can husband / wife or civil partners commit a conspiracy if they conspire with another person?

A

Yes

25
Q

What must the end product of a conspiracy agreement be?

A

The commission of an offence by one or more of the parties in the agreement

26
Q

Can you attempt to conspire?

A

No

27
Q

Can you charge one person with a conspiracy if the others are unknown?

A

Yes

28
Q

Can you conspire to commit summary only offences?

A

Yes, but it requires the authority of DPP to prosecute

29
Q

Can you conspire to aid and abet?

A

No

30
Q

What is common law conspiracy?

A

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

31
Q

Offence of Conspiracy to Defraud - Common Law

A

Triable on indictment

10 years

32
Q

Under conspiracy to defraud, is there a requirement to prove that the end result would amount to the commission of an offence?

A

No, simply that it would result in depriving a person of something or injuring their proprietary right

33
Q

Do you need to show intent for conspiracy to defraud?

A

Yes

34
Q

Do you need to show that a defendant was dishonest for conspiracy to defraud?

A

Yes

35
Q

S1 Criminal Attempts Act 1981

A
  • With intent to commit an offence
  • A person does an act
  • Which is more than merely preparatory to the commission of the offence
36
Q

Does an omission to act create liability for a criminal attempt?

A

No - an attempt requires an act

37
Q

What do you need to prove an attempt?

A

The intention of the defendant

38
Q

Can intention be conditional for a criminal attempt?

A

Yes

39
Q

Is recklessness as to whether the victim is consenting to sex sufficient mens rea for attempted rape?

A

Yes

40
Q

Which offences can you attempt?

A

Indictable offences other than:

  • Conspiracy
  • Aiding / abetting / counselling / procuring
  • Encouraging or assisting suicide
41
Q

Can you attempt summary offences that are triable summarily because of an imposed statutory limit (e.g. low-value shoplifting, criminal damage)?

A

Yes

42
Q

Offence of Criminal Attempts - Criminal Attempts Act 1981, s. 1

A

Murder - life imprisonment
Indictable offences - same max penalty as offence, indictable only
Either way offences - same max penalty as summary offence, triable either way

43
Q

Can you conspire or attempt to commit the impossible?

A

Yes

National Investigators' Exam 2022 (10 decks)

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