Assisting and Encouraging Crime Flashcards
0
Q
O’Shea
A
D need not be aware of encouragement.
1
Q
DPP v Armstrong
A
The actual influence of the communication is irrelevant to encouragement.
2
Q
Banks
A
The focus of the offence is on the substantive act done by D and its capability, not whether the capability manifests itself.
3
Q
Sadique No.2
A
It is possible to convict D of the S.46 offence if he believes at least one of the offences he assists and encourages WILL be committed, even if he has no belief as to which.
4
Q
A-G Ref No.39 of 2011
A
If D ONLY intended to assist the behaviour element of the crime (S.47), he must believe or be reckless as to whether the circumstances or consequences making that behavior a crime will exist at the time P commits it.
