Incomplete offences

Question 1

Types of incomplete offences

Answer 1

• Intentionally encouraging or assisting an offence
• Encouraging or assisting an offence believing it will be committed
• Encouraging or assisting offences believing one or more will be committed
• Statutory conspiracy

Question 2

Intentionally encouraging or assisting an offence

Answer 2

A person commits an offence if:
- He does an act capable of encouraging or assisting in the commission of an offence; and
- he intends to encourage or assist its commission.
But not taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.
-Need to show the INTENTION

Question 3

Encouraging or assisting an offence believing it will be committed

Answer 3

a) He does an act capable of encouraging or assisting in the commission of an offence and
He believes
The offence will be committed and
his act will encourage or assist in its commission.

No need for intention - May simply supply weapon but act does not affect them

Question 4

Encouraging or assisting offences believing one or more will be committed

Answer 4

1. He does an act capable of encouraging or assisting the commission of one or more of a number of offences; and
   He believes
   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.
2. It is immaterial for the purposes of subsection (1)(b)(ii) whether a person has any belief as to which offence will be encouraged or assisted.

Question 5

Statutory conspiracy

Answer 5

If a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either -

a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement; or
b) Would do so but for the existence of facts which render the commission of the offences impossible, he is guilty of conspiracy to commit the offence or offences in question.
- Must have at least 2 people in agreement
- can conspire with people even if identity unknown
- End product must be an offence by one of the conspirators

Question 6

What are the points to prove regarding criminal attempts?

Answer 6

• Actions are beyond merely preparatory

- Must intend to commit the full offence