Complicity And Conspiracy

Question 1

Incitement

Answer 1

AR=encouragement
MR=intention that the party did commit the crime
Any person aids/abets/incites=guilty

Question 2

Baxter v HMA

Answer 2

Facts:needed an agreement by a person to develop land who wasn’t budging. Baxter encouraged employee to kill the man and the employee recorded convo .
Defence no agreement reached

Held: the discussion of ways and payment for the killing was enough for incitement to kill

Question 3

Conspiracy

Answer 3

Agreement between 2/ more people
Agreement must be reached
Can’t change mind

Question 4

HMA V Meghari

Answer 4

Facts: Lockerbie bombing
Defence that the court had no jurisdiction because the conspiracy took place outside of Scotland

Held: because completion took place in Scotland they had jurisdiction

Question 5

Attempt

Answer 5

Has accused conduct reached state of attempt from preparation to perpetration
Irrevocable theory-can’t go back

Question 6

Hma V McKenzie

Answer 6

Copied receipts from employers to sell them on

Question 7

Art and part

Answer 7

If you watch are crime are you equally responsible

Is there a common plan are you part of the plan to achieve the results

Question 8

George kerr

Answer 8

Facts :watch’s friends rape women

Held: presence was not enough for criminal responsibility