Inchoate Offences

Question 0

R v Dunnington

Answer 0

Offence of attempting to abet

Offence of attempted aiding and abetting was abolished under section 5 of Criminal Law Act 1977

Question 1

R v Jones

Answer 1

C of A upheld jury’s decision that the accused had done something that was more than merely preparatory for attempted murder in pointing a sawn off shotgun at the victim even though he had still to remove the safety catch

Question 2

Assisting and Encouraging

Answer 2

S 44, 45, 46 Serious Crime Act 2007

Question 3

S 44 serious crime act 2007 AR and MR

Answer 3

AR – defendant does an act capable of encouraging or assisting the commission of an offence

MR – defendant intends to assist or encourage the commission of an offence

Question 4

S 45 serious crime act 2007 AR and MR

Answer 4

AR – the defendant does an act capable of encouraging or assisting the commission of an offence

MR – the defendant believes that the offence will be committed and he believes that his act will encourage the commission of the offence

Question 5

S 46 serious crime act 2007 AR and MR

Answer 5

AR – def does an act capable of encouraging or assisting the commission of one or more of a number of offences

MR – the defendant believes that one or more of those offences will be committed and he believes that his act will encourage the commission of one or more of the offences