Incomplete Offences

Question 1

If I meet with harry and we decide to murder john but actually my intention was to sabotage it. Is it conspiracy?

Answer 1

No as there is no meeting of minds

Question 2

What three categories can never be guilty of a conspiracy?

Answer 2

Under 10
Intended victim
Spouse or civil partner unless there is an additional 3rd party

Question 3

Jim conspires with Gary to harass Lorna. This is a summary offence. Is it possible to be guilty of conspiracy? And if so what court will it be tried?

Answer 3

Yes - crown with DPP consent.

Question 4

What is the max sentence for attempting an indictable offence?

Answer 4

Same as the full offence.

Question 5

What is the maximum penalty for attempting an either way offence?

Answer 5

The same as if it was tried summarily and therefore 6 months.

Question 6

I suggest a fast car to be used as a getaway car for someone to commit a burglary. I do not intend to encourage or assist but i foresee the risk that they may use this information. Am i guilty of encouraging or assisting an offence?

Answer 6

No

Subjectively reckless is not included
I must have the intent to encourage or assist

Question 7

There is an offence of encouraging or assisting an offence believing it will be committed which does not require the intent you need for the other offence but what do you need?

Answer 7

An act capable of encouraging or assisting
And they BELIEVE that both
The offence will be committed
AND
Their act will encourage or assist its commission

Question 8

I am drunk and i give insider police secrets to Jamie and encourage him to commit drug dealing and not get caught. I suspect he might use my advice but don’t think he actually will. Offence of encouraging or assisting an offence?

Answer 8

The intent offence requires me to have intent that he will use the info.

The belief offence needs me to believe the offence will be committed and that my act will encourage or assist its commission.

Question 9

There are three offences of encouraging or assisting. Intent, belief and belief that one or more will be committed. Does it matter what the person does with the info/encouragement?

Answer 9

No

The result is immaterial.

It doesn’t apply to corporate manslaughter.

Question 10

What is the only defence to the encourage/assist offences?

Answer 10

In the circumstances they were aware of and in the circumstances that they reasonably believed existed

It was reasonable to act as they did.

Question 11

Can you conspire to commit a summary offence?

Answer 11

Yes

Question 12

Can a company be guilty of conspiracy?

Answer 12

Yes

Question 13

A burglar examining a padlock before breaking in. Is this an attempt?

Answer 13

It has been held yes

Question 14

If a suspect hides powder in a suitcase and tries to import it to another country thinking it is drugs but it actually isn’t, is it an attempt to import?

Answer 14

It has been held yes.

The act was more than merely preparatory even if the actual offence was impossible to commit.

Question 15

Can you conspire to defraud by yourself?

Answer 15

No - must be two or more people

Question 16

If a suspect jumps on a trailer with the intention of doing something unlawful, is this vehicle interference?

Answer 16

No because we must prove that she was going to steal it TWOC the car or trailer.

Whilst we do not have to show which one, we do have to show intent that they were going to do one of those.

It is an offence of specific intent.

Question 17

Can an omission ever be seen as more than merely preparatory?

Answer 17

No it must be an act.

Question 18

For the encouraging/assisting/conspiracy offences, what is the max sentence?

Answer 18

They are tried in the same way as the full offence and can receive the same penalty.

Question 19

Can you commit conspiracy if the other person is an undercover police officer?

Answer 19

No it has to be an agreement to commit an unlawful act. A meeting of minds.

Question 20

For conspiracy to defraud, must we show intent and dishonesty?

Answer 20

Yes we must prove intent to defraud and that he was dishonest.

Question 21

I encourage Euan to commit sexual offences on females. Euan is outraged and reports me. Am i guilty of encouraging or assisting offences?

Answer 21

Yes

The fact that he is not interested and reports me is irrelevant.

Question 22

Can you conspire to commit a summary offence?

Answer 22

Yes

Question 23

I know that conspiracy is only triable on indictment. How do you deal with conspiracy of summary offences?

Answer 23

Triable on indictment with DPP consent.

Question 24

What is the difference between conspiracy and conspiracy to defraud apart from the fraud element?

Answer 24

There is no requirement in conspiracy to defraud to prove that the end result would amount to an offence, simply that it would result in depriving a person of something under the specified conditions.