Incomplete offences

Question 1

Encouraging or assisting crime

Answer 1

ss44-46 Serious Crime Act 2007

Question 2

Intentionally encouraging or assisting an offence - s44

Answer 2

s44 Serious Crime Act 2007
D must actually do an act capable of encouraging or assisting the commission of an offence
and
intend to encourage or assist in its commission
E.g. D giving P a weapon to kill or D verbally encouraging P
D must intend to encourage or assist in the commission of the anticipated offence - if D gives P a weapon to inflict minor injury and P intentionally kills, D would not be liable for encouraging or assisting murder unless he believes or is reckless as to whether V will be killed.

Question 3

Encouraging or assisting an offence believing it will be committed - s45

Answer 3

s45 Serious Crime Act 2007
Where D may not intend that particular offence to be committed but believe it will be committed and their act will encourage its commission.
E.g. D sells P a weapon believing P will commit murder but being quite indifferent as to whether or not P will do so as it is Ds sole concern to make a profit from the sale of the weapon

Question 4

Encouraging or assisting offences believing one or more will be committed - s46

Answer 4

s46 Serious Crime Act 2007
Where D may not intend that a particular offence is committed but believes one or more offences will be committed and their act will encourage or assist the commission of one or more of those offences.
E.g. D drive P to Vs home knowing P is going to harm V but not knowing to what extent like assault or murder

Question 5

Statutory conspiracy

Answer 5

S1 Criminal Law Act 1977
Indictable but can be applied to any offences (summary or indictable)
Requires 2 people in agreement

Question 6

Statutory conspiracy definition

Answer 6

S1 Criminal Law Act 1977

(1) A person agrees with any other person or persons that a course of conduct shall be pursued which will either—
(a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement; or
(b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible

Question 7

Agreement

Answer 7

Must be at least 2 people in agreement
Meeting of minds
A can’t be guilty of conspiracy with B if B intends to sabotage it as there was no meeting of minds
Must each be aware of overall common purpose
Doesn’t matter if identity of other conspirators is unknown

Question 8

3 people you cannot conspire with

Answer 8

Spouse/civil partner (unless there is also a 3rd party involved)
Child under 10
The victim

Question 9

Can a corporation be a party to a conspiracy?

Answer 9

Yes

But a company and one of its directors cannot be the only party to a conspiracy as there is no meeting of minds

Question 10

Is an agreement to aid and abet an offence of conspiracy statutory conspiracy?

Answer 10

No

Question 11

What if the agreement was with an undercover police officer?

Answer 11

There is a strong argument that there is no true conspiracy as one party has no intention of going through with the plan
Encouraging an offence may be a more appropriate charge

Question 12

Conspiracy to defraud - common law

Answer 12

Indictable.
Involves an agreement by 2 or more persons by dishonesty to deprive a person of something which is his, or to which he is/would/might be entitled, or an agreement by 2 or more persons by dishonesty to injure some proprietary right of the victim - Scott v Met Police Comm.
Offence used by judges when dealing with multiple Ds engaged in a fraudulent course of conduct.
Broader than statutory conspiracy - no need to prove that the end result would amount to the commission of an offence.
Must show intent to defraud V and that D was dishonest.
If both statutory and common law conspiracy apply, prosecution can choose which one they prefer.

Question 13

Attempt

Answer 13

If, with intent to commit an offence triable on indictment, a person does an act which is more than merely preparatory to the commission of the offence, they are guilty of attempting to commit the offence
You can only attempt indictable or either way offences

Question 14

More than merely preparatory

Answer 14

Had D embarked upon the crime proper?
Had D actually tried or started to commit the offence?
Question of fact for jury
Arming himself with an imitation gun and going up to 1 yard of post office he intended to rob but never drew his weapon = no more than merely preparatory
Found trespassing toilets in school armed with a knife, rope, tape. Looked like he was going to kidnap a child. Found by staff before he tried anything. = no more than merely preparatory.

Question 15

Mens rea for attempt

Answer 15

Must show intention to commit the substantive offence
Nothing less will suffice
For attempted murder you must show intent to kill
Intention may be conditional e.g. only intend to steal from house if something worth stealing is found
Exception:
For attempted rape, recklessness as to whether V is consenting was sufficient

Question 16

What if D attempts to do something which they believe is an offence?

Answer 16

May still be convicted even if that offence had not actually occurred
E.g. if you bought a gun to kill someone but accidentally bought a bb gun and it just shot a pellet at them, you could be charged with attempted murder

Question 17

Impossibility rule

Answer 17

S1(3) Criminal Attempts Act 1981
A person may be guilty of attempt even though the facts are such that the commission of the offence is impossible.
E.g. trying to extract cocaine from a powder which is actually talc (unknown to D)