Case Law: Incomplete Offences Flashcards
DPP v Armstrong (2000)
About: Incitement/ Encouraging or Assisting
Facts: Armstrong informed a police informant that he wanted to buy child pornography. The informant introduced an undercover police officer to Armstrong. Armstrong made specific arrangements to obtain child pornography. He was arrested and charged with inciting the officer to distribute child pornography.
Issue: That the offence was incomplete as it was impossible as the officer would never distribute child pornography. They had no shared intention to commit the offence.
Finding: The intent of the person being incited/ encouraged is irrelevant in the circumstances. In short, it is the incitement/ encourage meant of another to commit a criminal offence which is important, whether they intend to carry it out is irrelevant.
R v Griffiths (1969)
About: Conspiracy
Facts: The defendant sold limes and entered into a conspiracy with 7 other lime farmers to defraud the Ministry of Agriculture by filling fraudulent subsidy claims. Each of the farmers had entered individually into an agreement with the defendant but were unaware other had entered into the same agreement nor that they were part of a single conspiracy. All, however, were charged with a single conspiracy.
Issue: Was there a single conspiracy to commit fraud? Considering their lack of knowledge as to the other conspirators?
Finding: Owing to the fact that they were unaware that the other had entered into an agreement with the defendant, they could not be guilty of a single conspiracy. In short, each conspirator must be aware of the common goal. What happened here is that each farmer entered into a separate conspiracy with the defendant, not a joint one.
R v Chrastny (1991)
About: Conspiracy
Facts: The defendant had been convicted of conspiracy to supply Class A drugs after entering into an agreement with her husband. She was aware though of others involvement in the supply of Class A drugs during this venture.
Issue: That the only agreement she had made was with her husband and as such there was no conspiracy?
Finding: A husband and wife can be convicted of conspiracy if they conspire with a third party. In this case, the wife knew of the existence of other parties in the conspiracy. Only when she was completely ignorant of other parties could she be protected.
R v Hollinshead (1985)
About: Conspiracy to Aid and Abet
Facts: The defendant was a developer who had developed a piece of equipment that would allow persons to reverse their electricity meters. They were charged with conspiracy to aid and abet fraud.
Issue: That the defendants were wholesalers and could not be held accountable for the fraudulent use of their piece of equipment?
Finding: The appeal succeeded on the fact that there was no conspiracy to aid and abet as they were too far removed from any possible fraud.
R v Cooke (1986)
About: Conspiracy to defraud
Facts: The defendants worked for British Rail in the buffet car and started selling their own home-made sandwiches instead of the company products.
Issue: Has an offence been committed as they were not tricking their employer by using false representation?
Finding: Of course they can. They hold a position of trust and need to safeguard or at least not act against their employer. Selling their own sandwiches is removing profit from the company that employs them. It is a classic case of conspiracy to defraud.
R v Hussain (2005)
About: Conspiracy to defraud
Facts: The defendant was a political party candidate and abused the postal voting system by completing blank postal votes from households selecting himself as the candidate. He was convicted of conspiracy to defraud.
Issue: That the defendant abused the postal system in his own favour.
Finding: This is a clear and famous case of Conspiracy to Defraud. Filling out blank postal votes in your own favour rightly ended up in a custodial sentence, as it could have a distinct impact on the election results.
R v Campbell (1991)
About: More than Merely Preparatory
Facts: The defendant attended a post office in sunglasses and carrying a bag. He leaves and the police get a call that a robbery will take place at the post office. The defendant returns 30 mins later where he is arrested by the police. A demand and imitation firearm are location on his person. He is arrested and convicted of attempted robbery.
Issue: The defendant appeals on the basis that although he intended to rob the post office. He had changed his mind and never gone in. The question is whether his act was more than merely preparatory?
Finding: Held, the defendant could not be said to have committed an act that was more than merely preparatory to commit the crime in questions. Although he admitted that he intended to rob the post office, his acts were that of preparation and he had not entered the premise. Therefore no act that was an attempt had occured.
R v Geddes (1996)
About: More than Merely Preparatory
Facts: The defendant was found in the toilets of a school with a rucksack. When leaving he discarded the rucksack which contained a knife, masking tape and rope. He was convicted of false imprisonment.
Issue: Was the act more than merely preparatory?
Finding: Appeal was allowed and the conviction was quashed. The defendant had the clear men’s rea aspect of planning a kidnap/ false imprisonment but other than packing the rucksack and being in the school toilets he had not made contact with any students. Therefore it could not be said that he had passed the preparation stage.
R v Khan (1990)
About: Mens Rea for Attempt
Facts: Four men were charged with the attempted rape of a 16-year-old. The court made the decision that the mens rea for attempted rape were the same as for a charge of rape. 1: An intention to have sexual intercourse 2: Knowing or being reckless as to the absence of consent.
Issue: That the mens rea for attempted rape should not be the same as the full offence of rape specifically around recklessness.
Finding: That recklessness in whether the victim is consenting is sufficient in mens rea for attempted rape. The mens rea for rape and attempted rape can be analysed in the same way.
