Incomplete Offences

Question 1

Serious Crime Act 2007 s.44
Def must do an act capable of encouraging/assisting offence and intend to encourage/assist.
3rd party need NOT be encouraged to do the act!

D/not apply to corporate manslaughter.
The victim c/not encourage/assist

STATUTORY CONSPIRACY (to commit an offence)
Applies to summary and ind. offences.
Triable on indictment even if for a summary offence.

Committed at time of agreement.
Cannot aid/abet a conspiracy

C/not commit statutory conspiracy with
SPOUSE,
Child < 10 yrs,
Intended Victim.

Cannot attempt a summary offence
Procure/counsel/aid/abet
Assist offender/conceal relevant offence
Conspiracy 
Encouraging/assisting suicide

Answer 1

Corporation can commit offence but NOT a company and one of its directors. It MUST be a Meeting of minds.

COMMON LAW CONSPIRACY = To defraud
(Common Law - 10 yrs)
An agreement by dishonesty by 2+ people to deprive person of something or injure propriety right/interest. The conspiracy does NOT need to commit a specific offence.

More than merely preparatory = matter for jury/Mags

CANNOT attempt summary only offences.

s.44 Int to encourage/assist
s.45 Believe offence will be committed and believe your actions will encourage/assist
s46 Believe >1 offence will be commited and believe your actions will encourage/assist

If conspire with undercover officer - No offence as officer would never intend to commit offence

Question 2

Generally aid/abet offence will usually involve presence of accessory at scene

s1 Criminal Law Act 1977 - Conspiracy
if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, 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,

Answer 2

s45 Serious Crime Act

Encouraging or assisting an offence believing it will be committed
.A person commits an offence if—
(a) he does an act capable of encouraging or assisting the commission of an offence; and
(b) he believes—
(i) that the offence will be committed; and
(ii) that his act will encourage or assist its commission

Person can commit conspiracy even if details of other conspirators are unknown

If conspire to supply drugs to co-conspirators cannot commit statutory conspiracy