Incomplete Offences Flashcards
Encouraging or assisting a crime
S44 - intentionally, encouraging or assisting an offence - D a surgeon asks V to help his sexual assault people under anaesthetic. V says no. D has still committed offence under S44.
S45 - encouraging or assisting an offence believing it will be committed - D supplied P with a weApon believing they were going to commit murder with it but his on,y concern was to make a profit.
S46 - encouraging or assisting offences believing one orc more will be committed - D might not know what offence is going to be committed but knows that one will.
Conspiracy
Conspiracy is committed at the time of the agreement even if the offence is not carried out.
Meeting of minds for a common goal
Other conspirators do not have to be identified. Only one can be convicted
Cannot convict of other person is their spouse or civil partner, person under 10 or the victim.
Cannot conspire with a police officer if they have no intention to carry out the offence
Husband and wife can be convicted if there was a third person involved.
Common law conspiracy to defraud
Agreement between two people
End result does not have to result in the commission of the offence
You must show intent to defraud the victim
That the defendant was dishonest
Examples -
Buffet car selling their own sandwiches depriving British rail of their own products
Directors concealing details of trading loss from shareholders
Making copies of commercial films for sale
Marketing devices that falsify gas and electric meters
Attempts
More then merely preparatory
Even if the commission of the offence is impossible
Cannot be a summary offence unless it is only there for a statutory limit shoplifting or criminal damage then it can be.
Re writing someone’s will but then not trying to get it signed is not more the merely preparatory
Taking roped and gag to school to kidnap a child but hiding in the toilets is not more then merely preparatory
