Incomplete offences Flashcards
What is the offence of encouraging or assisting an offence?
Any person who…
- does an act
- capable of encouraging or assisting an offence
- intending to encourage or assist its commission
…is hourly of an offence
- it should be noted that, just because the encouragement or assisting in an offence was a foreseeable outcome of what they were going, if they did not intend to do it, no offence.
What is the offence of encouraging or assisting an offence you believe will be carried out?
Where a person…
- does an act
- capable of encouraging or assisting an offence
- believing it will be carried out
- that his act will encourage or assist its commission
This covers occasions where someone does something they believe will assist or encourage someone to commit an offence with but has no care or connection to it being carried out. Eg someone selling a weapon believing someone will use it for harm but only caring about their floor for from the sale.
What is the offence of encouraging or assisting one or more offences, believing one or more will be committed?
Any person who…
- does an act
- capable of encouraging one or more offence
- believing that one or more will be carried out
- that his act will encourage or assist one or more of them being committed
- they do not need to have a belief as to which act will be carried out, just an act.
- they do not need to know what type of offences are going to happen, just offences
- as long as they do an act capable of encouraging or assisting, it does not matter if it has the desired effect or goes the way they want, as long as it results in an offence, they are involved.
What are the defences to encouraging or assisting?
If a person acted reasonably under the circumstances or the circumstances they believed existed
Also, a person cannot be convicted on encoring an offence where the legislation is created to protect them (see the child encouraging an adult to have sex with them)
What is the offence of statutory conspiracy?
Any persons who…
- agree to follow a course of conduct
- that if that agreement is carried out with their intent
- would amount to the commission of an offence/offences
- by one or all involved in the agreement
- would result is the commission of an offence but for the fact the commission is impossible
…are guilty of an offence
What does it mean to “agree with another”?
There must be a “meeting of the minds” in that they both have to agree on their intent. There must also always be 2 or more people involved. It does not matter if you know who those persons are, just that you have a common agreement.
You cannot commit the offence if there are only 2 people involved and one of them intents to sabotage the plan. In this case neither party is guilty
All persons involved must know of the common purpose. If people in the group make further conspiracies between themselves, each one is a separate offence.
Who can you not commit a conspiracy with?
- civil partner (if they are the ONLY persons involved)
- person under 10 years old
- the victim
- aiding or abetting an offence is not a conspiracy
- abandoning a conspiracy will not remove the offence one the agreement is made
Can you enter into a conspiracy with an undercover officer.
Normally no as there will not be a true meeting of the minds as the officer is not intending to commit the offence. Encouraging is more suitable offence.
What is the offence of conspiracy to defraud?
- an agreement by 2 or more people
- dishonestly deprive another
- of something they are or would be entitled to
- injure their proprietary right
- there is no need for this conspiracy to result in an offence, just that they are intending to create a loss
Examples include
- selling your own sandwiches in place of company ones whilst at work
- copying films for sale
- company directors concealing losses
- marketing gas or electric meters for customers (who are not in on the con)
- voter fraud
What is a criminal attempt?
If, with an intent to commit an offence, a person does an act which is more than merely preparatory they are guilty of an offence
You can complete the offence even if it is impossible to do
You cannot attempt an act of SPACE..
- Summary only offences
- Procure , council, aid or abetting
- Assisting an offender or concealing an offence
- Conspiracy to commit and offence
- Encourage/assist suicide
What are the sentencing guidelines for attempted offences?
- murder: life
- indictable offences: same maximum sentence as the offence
- either way offences: when tried summarily, the same maximum as the summary offence
What are examples of an act being “more than preparatory?
- a person taking a gun to a post office to rob it but, despite being within a yard, never drawing the weapon - NO OFFENCE
- a person making a will to steal someone’s estate when they died but not having it signed yet so it would not be lawful - NO OFFENCE
- a person trespassing in a school bathroom with a knife and rope, intending to kidnap a child. They had not yet attempted to take a child before they were found - NO OFFENCE
- being reckless as to if a women convents to sex CAN AMOUNT TO ATTEMPTED RAPE
Can you be courage someone to handle stollen goods or conspire to defraud with goods that are not actually stollen?
No; the fact they are not stollen and therefore cannot create the substantial offences means you cannot attempt these. However you could conspire to handle stollen goods or attempting to handle
