inchoate offences Flashcards
1
Q
Conspiracy- England
A
- Criminal law act 1977
- Common law conspiracy
- Statutory conspiracy
- Actus reus
- Agreement between people
- Crime will be committed by one or more parties
- Not necessary to act upon the plan
- No voluntary withdrawal accepted
- Mens rea
- Intention
2
Q
Preparation- Samir A
A
- Preparation was amateur
- 1st time= intention was not proven+impossibility due to construction of bomb
- 2nd time = terrorist intention was there however preparations were too early to create an actual threat
- 3rd time- supreme court = court of appeal failed to asses whether the objects seized, separate or together, by their outward manifestation, can be suitable for the criminal purpose the defendant had in using them
3
Q
participation in Germany
A
- perpetration by means
- co-perpetration
- secondary participation
- instigation
- aiding
4
Q
Hegemony over the act doctrine - distinguishes between perpetrators and accomplices
A
- Person will be held liable if he controlled the commission of the offence, considerably influenced the shape and manner of the commission and can thus be seen as the central figure in the crime
- Intention as well as factual contributions need to be taken into account
5
Q
co-perpetration
A
- the hegemony over the act rests jointly on both perpetrators
- each participant has a role in the offence and it would not be completed if one didn’t act
6
Q
Deviation from the common plan - Germany
A
- Actions that exceed the common plan cannot be attributed to the other participants
- if deviation could be foreseeable and reasonable the it doesn’t count
7
Q
instigation - Germany
A
- explicit or implied inducement
- mens rea= double intention
- intention to induce the commission
- intention for the offence to be committed
8
Q
aiding - Germany
A
- Any conduct that furthered or made the commission of the offence easier, more secure or swifter
- mens rea = double intention
- intention to assist the act
- person knew the essential matters that constitute the offence
9
Q
direct perpetration
A
- factual perpetration
- person commits acts zeus himself
- functional perpetration
- iron wire judgment
- criteria= power and acceptance
- power= factual control the suspect has over the manifestation of the offence
- acceptance= subjective criterion - intentional involvement in the conduct factually committed by another acto
10
Q
co-perpetration - netherlands
A
- physical contribution is not required
- distinctive criterion= conscious, complete and close cooperation
11
Q
instigation
A
- mens rea= double intention
- intent to induce
- intent to commit offence
12
Q
aiding- Netherlands
A
- concurrent form of aiding = the accessory assist during the commission
- Preceding forms of aiding : the accessory provides the opportunity, means or information necessary to commit the criminal offence
- Need to establish that the aid furthered or facilitated or made the commission of the offence possible
- mens rea= doble intention
- intent to assist
- know the essential info of the offence
13
Q
doctrine of joint criminal enterprise
A
- several people set out to commit a crime, in the course of which another unplanned one occurs
- R v Jogee
- Ruddock v the Queen
- only applies in cases on deviation
14
Q
perpetration - England
A
- Perpetrator = the one whose act is the most immediate cause of the actus reus
- Perpetrator must contribute to the occurrence of the actus reus physically
15
Q
accomplice liability
A
- aiding
- conduct helped further the offence
- abetting
- incite, instigate, encourage
- procuring
- counselling