Criminal Law

INCHOATE OFFENCES ACCOMPLICES

They cover illegal acts which have yet to be committed, primarily attempts to commit crimes, incitement to commit crimes, and conspiracy to commit crimes.illegal acts Attempt - who intends to commit an offence does an act which is "more than merely preparatory" in the offence's commission. Traditionally this definition has caused problems, with no firm rule on what constitutes a "more than merely preparatory" act, but broad judicial statements give some guidance.

Incitement, on the other hand, is an offence and covers situations where an individual encourages another person to engage in activities which will result in a criminal act taking place, and intends for this act to occur.

Conspiracy consists of an agreement between two or more people to commit a criminal offence. For statutory conspiracies, there must be three elements: an agreement, to pursue a course of conduct which involves the commission of a crime, where the parties to the agreement intended to commit the crime. Even if the parties later decide not to go through with the plan, since the actus reus is to reach an agreement, they can still be charged.

Every inchoate crime or offence must have the mens rea of intent or of recklessness, but most typically intent. mens rea For example, for a defendant to be guilty of the inchoate crime of solicitation of murder, he or she must have intended for a person to die.solicitation of murder

Impossibility Impossibility is no defence to the crime of attempt where the conditions creating the impossibility are unknown to the actor. The example from R v Brown of an attempt to steal from an empty pocket is now a classic example of illustrating the point that impossibility is no defense to the crime of attempt when the conditions creating the impossibility are unknown to the actor. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime he: purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be.

A defendant may plead and prove, as an affirmative defense, that he/she:  Stopped all actions in furtherance of the crime or conspiracy  Tried to stop the crime as it was ongoing  Tried to convince the co-conspirators to halt such actions, or reported the crime to the police or other authorities

At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery. However, anyone else directly involved in the commission of the crime, such as the lookout or the getaway car driver, is an accomplice, even though in the absence of an underlying offense keeping a lookout or driving a car would not be an offense.criminal offensearmed robberylookout

At law, an accomplice has the same degree of guilt as the person he or she is assisting, is subject to prosecution for the same crime, and faces the same criminal penalties. As such, the three accomplices to the bank robbery can also be found guilty of armed robbery even though only one stole money.prosecution

In Criminal Law, contributing to or aiding in the commission of a crime. One who, without being present at the commission of an offense, becomes guilty of such offense, not as a chief actor, but as a participant, as by command, advice, instigation, or concealment; either before or after the fact or commission.Criminal Law One who aids, abets, commands, or counsels another in the commission of a crime. In common law, an accessory could not be found guilty unless the actual perpetrator was convicted.

Discuss the case of Ranstev v Cyprus and Russia; ‘Terrorists should not enjoy the same rights as other criminals in the pre-trial phase.’ Discuss What is the role of the internet on crime and how should criminal law respond?