1.3 Incomplete Offences Flashcards
What is S44 of the Serious Crime Act 2007?
Intentionally encouraging or assisting an offence
Does an act capable of encouraging or assisting in the commission of an offence
Intend to encourage or assist its commission
INTENTION CANNOT BE PROVEN THROUGH A FORESEEN CONSEQUENCE
What is included under the umbrella term ACT under S65 of Serious crime Act 2007?
Course of conduct
Failure of duty
Threatening or putting pressure on someone to commit an offence
What are the two parts to prove under S44 of the Serious Crime Act 2007?
The act done must be capable of encouraging or assisting an offence
The intention
What is S45 of The Serious Crime Act 2007?
A person commits an offence if
He does an act capable of encouraging or assisting in the commission of an offence
And
He believes
That the offence will be committed
And
That his act will encourage or assist in its commission
What is S46 Serious crime Act 2007?
A person committed an offence of
He does an act capable of encouraging or assisting the commission of one or more of a number of offences
And
He believes
That one or more of those offences will be committed and that his act will encourage and assist them
Does the defendant need to know which offence/ offences will be carried out under S46 of Serious Crime Act 2007?
No he just has to believe one or more of a number of offences will be carried out
Explain S49 of the Serious Crime act 2007?
The person encouraged does not need to have any intention of committing an offence. The enticer must just believe/ intend that the person will commit the offence.
What is S50 of the Serious Crime Act 2007?
The defence for sections 44,45,46
If then person charged acted reasonably, that is in the circumstances he is aware of or in the circumstances he reasonably believes existed it was reasonable to act as they did
What is S51 of Serious Crime act?
Limits liability
A person cannot be guilty of the offence if in relation to an offence that is a protective offence….
So child asking an adult for sex
What are the two categories of conspiracy?
Statutory and common law
What is S1 of the criminal law act 1977?
If 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 or involve the commission of any offence by one of more parties to the agreement
Or
Would do so but for the existence of facts which render the commission of the offence impossible
What is meant by the term agreeing with another?
It is a meeting of the minds
Under statutory conspiracy the defendant cannot be convicted if the only other party to the agreement is…
His spouse or partner (can be if there’s a third party)
A person under 10 years old
The intended victim
Under conspiracy does the offence have to be carried out?
No
What is the common law conspiracy?
Conspiracy to defraud
An agreement by two or more persons by dishonesty
to deprive a person of something which is his or to which he is/would/might be entitled to
Or
To injured some proprietary right of the victim
