Extended Liability PDF

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Summary of lecture notes and readings / relevant case law on extended liability in general...

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EXTENDED LIABILITY T2 WK5 Recorded lecture 1 notes: INTRO TO INCHOATE OFFENCES 

   

‘Seek to deal with defendants who have taken steps towards the commission of an offence but have not yet committed it. The two best. Known examples are attempts and conspiracies’ – Criminal law, text cases and materials – Jonathon Herring, 8th ed) Attempts Conspiracies Assisting or encouraging a crime (Serious Crimes Act 2007) D has not performed the actus reus but is sufficiently close to do so or persuading others to do so, for the law to find it appropriate to punish him/her

ATTEMPTS  

Defendant is criminalised for trying to commit a principle offence Defendant has gone beyond the mere preparation of the offence and has taken steps towards the carrying out of the complete crime.

CONSPIRACIES 

Defendant is criminalised for agreeing with another to commit a principle offence

ASSISTING OR ENCOURAGING A CRIME 

Defendant is criminalised for doing acts capable of assisting another into committing a principle offence

EXPLANATION Principal offence = the offence that D is attempting/conspiring/assisting or encouraging This is the substantive offence, full offence or future offence Scenario: D shoots at V and intends to kill them, but misses and the V survives Principle offence in this case is MURDER Inchoate offence is ATTEMPTED MURDER PRINCIPLE OFFENDER = where D is assisting or encouraging another party to commit a principle offence, the party assisted or encouraged is referred to as the principle offender

RULES

1) Inchoate offences can only operate in relation with principle offences 2) The defendant becomes liable as soon as the elements for the inchoate offence are satisfied 3) It is irrelevant if the principle offence is completed Main issue is when to identify when the moment is that the defendant’s conduct classifies for the intervention of criminal law. When he plans to murder? When he buys the gun? When he has the gun but before he points it? When he points it? Or when he pulls the trigger? FURTHER INFO   

Inchoate offences do not fit naturally into the structure of criminal law Punishing the D for harm caused usually Inchoate offences can be confusing because you have to identify where is the harm in attempt/conspiracy? Harm has not occurred

LEGAL PRIORITIES TO BALANCE   

Fairness to the defendant – if solely looked at then likely to be criminalised somewhere between pointing the gun and applying the trigger Protection of society – if strictly looked at then the intervention of the law would be around when the D begins planning It needs to be balanced and shifts over time with political and cultural changes...