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.
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.
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.
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.
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.
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.
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?