Incomplete Offences and Police Investigations Flashcards
When does a person commit an offence of encouraging the commision of an offence
When they do an act capable and intend to encourage.
What does the state of mind have to be for encouraging an offence
This has to be an intent offence and not a subjectively reckless offence.
Can you conspire with a Police officer (who is acting lawfully)
No conspiracy has to be a meeting of minds, and agreement between two persons to commit and unlawful act.
Can you conspire with the victim of the offence?
No
What does there have to be to make a conspiracy
An agreement between two or more persons - a meeting of minds
Can you conspire with somone who does not agree with what you are going to do
No a meeting of minds
Can you conspire with someone if you say your plan and they sit and listen but do not say anything
No there must be an positive act towards the plan an agreement
When is a conspiracy made out
When an agreement is reached
What an agreement is reached in a conspiracy can you turn back
No - offence completed
Can a company conspire with a director
No a company is not a person - Two directors can however conspire together.
Can you conspire to aid and abet
No
Can you conspire to counsel or procure
No
Can you conspire to assist and offender
No
Can you conspire to hide and offence
No
Can you conspire to commit a summary only trade relations offence
No
Can you conspire to commit a summary offence
Yes - Tried on indictment
In common law conspiracy where a company sell a device to defraud the gas company are the customer that purchase that device co conspirators
No
What is specific about common law conspiracy
It is a conspiracy to defraud - There must be a dishonest intent to defraud.
If an offence of conspiracy is bought for a summary offence - Who is required to give authorisation for porsecution
DPP
Who are the people you can not conspire with
The victim
A person under 10
Your wife
