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In the scenario for this report the parties have committed certain crimes - give legal advice

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Introduction

In the scenario for this report the parties have committed certain crimes. The scenario is split in two sections; this report will deal with each in turn. The first section concerns the criminal act of theft, with surrounding issues such as joint enterprise and aiding, abetting, counselling and procuring the commission of the crime. It should also be noted that a discussion on some inchoate crimes is needed (Incitement and conspiracy). As well as a discussion on the crimes committed by the parties presented there must be a discussion on any possible defences that are available. Elizabeth's mental illness, could give a defence of (non/insane) automatism and Lucy's withdrawal from participation may have affected her liability for the crime. The scenario explains how Jeff 'persuades' Elizabeth to go shoplifting. Even if the proposed crime is not later committed he is guilty of Incitement, however, if it was committed it would turn into a crime of counselling. His persuasion is the actus reus of the offence as outlined in Applin (73)1. Jeff also seems to fulfil the mental element as he obviously intended the crime to be committed and knew that the act he was inciting was criminal. Elizabeth would also have had to know it was a crime she was committing2. However at the point where there is an agreement to go shoplifting, the separate crime of conspiracy arises. ...read more.

Middle

As neither of them committed the act of theft. If Jeff and Lucy are liable to the crimes of complicity (aiding abetting, counselling, procuring and the joint enterprise extension, they must satisfy both the AR and MR. The AR of the crimes is normal meaning of the words used in the Accessories and abettors act 1861,s.8. The case of Calheam (1985)18 'counsel' was said to be incitement, but the crime must be committed. To 'abet' its incitement at the time of the crime, to 'aid' is obviously to help. Finally to procure a crime, it must be produced by endeavour and unlike the others no agreement is needed. The mens rea of crimes of complicity is firstly an intention to aid, this was raised in NCB v Gamble [1959]19, where as this is clear in Jeff's case if Lucy didn't know any crime was being committed there was no intention to aid. This knowledge of circumstances was talked about in Johnson20 and recklessness to this in Blakely v DPP21. The second part of the mens rea is the range of contemplation, as shown in Maxwell22, simply if it is within the contemplation of the accessory. Jeff satisfies both the mens rea and actus reus of complicity as he aides, abets and counsels the offence of theft by Elizabeth, it could also be described as a joint enterprise as they agreed to commit the offence, if ...read more.

Conclusion

5 Theft act s.3, description of appropriation 6 Gomez [1992] 3 WLR 1067, HL 7 The theft act 1968 s.5 (1) discusses the term in detail and is highlighted in the case of Bonner [1970] 1WLR 838, CA 8 Ghosh [1982] QB 1053, CA 9 Lloyd [1985] QB 829, CA 10 Attorney-generals reference (no.2 of 1992) [1993] 3 WLR 982, CA 11 Broome v Perkins (1987) 85 Cr App R 321, CA 12 Hennessey (1989) 89 Cr App R 10, CA 13 M'Naghten' Case 918430 10 Cl & F 200 14 Smith, J. C. and Hogan, B., Criminal law:cases and materials (6th Edn, 1996) London:Butterworths 15 Quick and Paddison [1973] QB 910,CA 16 Codere (1916) 12 Cr A pp R 2 1, CCA 17 Loukes [1996] 1 Cr App R 444, CA 18 Calhaem (1985) QB 808,CA 19 National Coal Board v Gamble [1959] 1 QB 11, DC 20 Johnson v Youden [1950] 1 KB 544, DC. 21 Blakely and Sutton v DPP [1991] RTR 405,DC 22 Maxwell v DPP for N. Ireland.[1978] 3 All ER 1140, IHL 23 Becerra and Cooper (1975) 62 Cr App R 212 CA 24 Singh [1973] 1All ER 122, CA 25 K (1984) 78 Cr App R 82, CA 26 DPP v Majewski [1977] AC 443, HL 27 Attorney-General for Northern Ireland v Gallagher [1961] 3 All ER 299 HL 28 Davis (1881) 14 Cox CC 563, Assizes 29 Byrne [1960] 2 QB 396, CCA 30 Atkinson [1985] Crim LR 314, CA ...read more.

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