Incomplete offences Flashcards
Under section 44 - what is encouraging or assisting crime?
The defendant must intend to encourage or assist in the commission of the anticipated offence
Under section 45 what is encouragement?
Yes defendant may not intend but they must believe that it will be committed and the act will encourage its commission
Under section 46 what is encouragement
The defendant may not intent but believes that one or more offences will be committed by their act of encouragement or assistance
What is conspiracy
Two or more persons in agreement ‘meeting of minds’ over common purpose
What are defences to conspiracy
- spouse or civil partner
- person under 10 years
- intended victim (suicide)
What is conspiracy to defraud?
- two more persons dishonestly depriving a person of entitlement or propriety right
- dishonest agreement to deceive another into acting contrary to their duty
What is an attempt?
A person does an act which is more than merely preparatory
Can you attempt a summary only offence under s1 criminal attempts act
No - unless is summary only due to statutory limit or it’s triable only on indictment
Does an act of omission crest liability for attempt
No (refusing to call an ambulance for a gravely ill person is not an offence)
Do you need mens rea for attempt ?
Yes - might need a height level for attempts
Can a defendant attempt the impossible?
Yes and they can conspire to commit the impossible
