Inchoate Offences - Encouraging or assisting, Intentionally, forcefully PDF

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Inchoate OffencesThree types of Inchoate Offences ➔ Encouraging and assisting offences ➔ Conspiracy ➔ AttemptsEncouraging and assisting offencesSection 44 Intentionally encouraging or assisting an offence Section 45 Encouraging or assisting an offence believing it will be committed Section 46 Encour...

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Inchoate Offences Three types of Inchoate Offences ➔ Encouraging and assisting offences ➔ Conspiracy ➔ Attempts

Encouraging and assisting offences Section 44 Intentionally encouraging or assisting an offence Section 45 Encouraging or assisting an offence believing it will be committed Section 46 Encouraging or assisting offences believing one or more will be committed SECTION 44

Intentionally encouraging or assisting an offence Actus Reus - “D does an act capable of encouraging or assisting the commission of an offence” Section 65 SCA 2007 - AR includes threatening, putting pressure, seeking to inhibit the prosecution of offences, failure to act when under a duty to act or omission It is a question of fact whether the act was “capable” of encouraging or assisting X to commit a crime. Encouraging would include that which is express or implied, targeted at a particular person or addressed to the world at large Assisting e.g. providing a tool or advice to X. Act includes a course of conduct Act is an act done prior to the commission of the offence Act includes D ‘failing to take reasonable steps to discharge a duty’ Example: Security guard failing to turn on security alarm deliberately intending to assist X to burgle premises. D may indirectly encourage or assist the commission of an offence where D arranges for another, E, to do an act capable of encouraging or assisting P to commit an offence. If E does so, then D will be treated as having done E’s act (s. 66). Example: A gang leader D who instructs a member of his gang E to encourage another person P to kill V. D may encourage or assist the commission of another inchoate offence, Example: D encourages E to solicit P to commit murder (soliciting murder is an offence under s. 4 of the Offences Against the Person Act 1861). However, the offence of encouraging or assisting suicide contrary to s. 2(1) of the Suicide Act 1961 is excluded (see s. 51A of the SCA). Mens Rea - D intends to encourage or assist’ the commission of an offence Requires Direct intention not oblique - E.g. Supply of knife with intent X use it to kill or offer verbal encouragement to X to commit offence Section 45(a) (1) D believed that, were the act to be done, it would be done with that fault; (2) D was reckless as to whether or not it would be done with that fault; or

(3) D’s state of mind was such that, were he to do it, it would be done with that fault.’ Para 3 - is designed to cover where X lacks MR but D would have the MR had he done the act himself, D maybe liable. Example: D (a woman) encourages P to penetrate V with his penis and believes that if P were to do so, it would be without V’s consent. P reasonably believes that V does consent so does not have the mental element required for conviction for rape. Therefore, D’s fault is determined under s. 47(5)(a)(3) in that if she were to commit the act, she would do it with the fault required. However it is not possible for a woman to commit the act of penetration with a penis so were it not for this subsection, D would escape liability. Section 47(5)(b): D is guilty under s 44 if he intends or is reckless that the person encouraged (X) will act in the required circumstances, or that the person’s act will have the required result SECTION 45

Encouraging or assisting an offence believing it will be committed Covers where D may not intend offence be committed but he believes it will be committed and his act will encourage or assist its commission e.g. indifference or couldn't care less attitude. Actus Reus - Doing an act capable of encouraging or assisting the commission of an offence - Same as section 44 (Above) This offence focuses on where D believes that the offence will be committed and that his act will encourage or assist its commission (D may not actually intend that a particular offence is committed). No need for the offence to occur. Mens Rea Believing: - That the offence will be committed, and - That his act will encourage or assist its commission. SECTION 46

Encouraging or assisting offences believing one or more will be committed Covers where D may not intend commission of a specific offence but he believes both one or more offences will be committed and his act will assist or encourage the commission of one or more of them. E.g. assists X with belief X will commit one of a range of offences (see next lecture on parties for comparison cases). Actus Reus Doing an act capable of encouraging or assisting the commission of one or more of a number of offences. Mens Rea Believing: - One or more of those offences will be committed (but has no belief as to which), and - That his act will encourage or assist the commission of one or more of them. Case: Sadique (a) D must be involved in an act

(b) D must be capable of assisting another / others to commit a crime, but (a) and (b) are not criminal unless (c) D believed what he was doing would encourage or assist the other(s) in the commission of crimes and (d) D also believed that was the purpose or one of the purposes of his act of involvement

Defence of acting reasonably Section 50 provides: (1) A person is not guilty of an offence under this Part if he proves— (a) that he knew certain circumstances existed; and (b) that it was reasonable for him to act as he did in those circumstances. (2) A person is not guilty of an offence under this Part if he proves— (a) that he believed certain circumstances to exist; (b) that his belief was reasonable; and (c) that it was reasonable for him to act as he did in the circumstances as he believed them to be. (3) Factors to be considered in determining whether it was reasonable for a person to act as he did include— (a) the seriousness of the anticipated offence (or, in the case of an offence under section 46, the offences specified in the indictment); (b) any purpose for which he claims to have been acting; (c) any authority by which he claims to have been acting....