Incomplete offences and criminal conduct

Question 1

Omissions

Answer 1

No liability for failing to do something, unless the law gives a DUTY

D – Dangerous situation created by the defendant.
R v Miller – Defendant smoking a cigarette fell asleep. Woke up and mattress smouldering. Moved to another room and the building burnt down. Convicted of Arson.

U – Under Statute
Eg Child Neglect, Failing to stop at an accident, a contract to do a job, but not done (eg not complying with safety procedures.

T – Taken upon themselves
RvStone- the defendant accepted a duty to care for her partner’s mentally ill sister who subsequently died from neglect.

Y – Young Person
Eg – Parental responsibility to look after chil

Question 2

Intentionally Encouraging or Assisting an Offence
Section 44, Serious Crime Act 2007

Answer 2

(1)A person commits an offence if—

(a)he does an act capable of encouraging or assisting in the commission of an offence; and
(b)he intends to encourage or assist its commission.

Question 3

Statutory Conspiracy

Answer 3

1)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,
he is guilty of conspiracy to commit the offence or offences in question.

Question 4

Statutory Conspiracy
Conditions

Answer 4

Must have at least 2 people in agreement. For example, if A tries to conspire with B but B tries to sabotage it then there is not ‘meeting of minds’.

Can conspire with people even if their identity is unknown.

The end product must be an offence by one of the conspirators.

Cannot conspire with:

Their spouse (Can have a conspiracy if a 3rd party involved)
A person under 10
The victim.

Question 5

Criminal Attempts
Section 1, Criminal Attempts Act 1981

Answer 5

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

A person’s actions must be shown to have gone beyond mere preparation towards the commission of the substantive offence.​