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Attempt, Conspiracy & Parties to an Offence

Attempt, Conspiracy & Parties to an Offence. Law 12 MUNDY 2008. ATTEMPT. A person is still considered a danger to society if she/he intends to commit a criminal act, but is caught before committing it

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Attempt, Conspiracy & Parties to an Offence

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  1. Attempt, Conspiracy & Parties to an Offence Law 12 MUNDY 2008

  2. ATTEMPT • A person is still considered a danger to society if she/he intends to commit a criminal act, but is caught before committing it • Attempt is a category of crimes in which the accused is found to have gone beyond preparing for a crime in and is found in some act leading to carrying out the crime

  3. ATTEMPT • Example, if a person is found with a gun in hand heading towards a person and points the gun at the person’s head, a charge of attempted murder can be given • HOWEVER, if that same person is caught earlier with a journal indicating their intent to commit murder with plans detailed, but had not even bought a gun yet, person CANNOT be charged with attempted murder

  4. ATTEMPT • If actus reus of a crime cannot be proven, courts can ask for charge be changed to attempt • As well, if during attempt trial that actus reus of actual crime can be proven, then courts can change charge during trial

  5. CONSPIRACY • = an agreement between two or more persons to carry out an unlawful action • OR = an agreement between two or more persons to carry out a lawful action by unlawful means • Although charge will be conspiracy (e.g.- conspiracy to commit murder)

  6. AIDING OR ABETTING • Aid means to assist the principal offender in the commission of a crime • Abetting means to encourage

  7. AIDING OR ABETTING • Two points must be proven in this kind of case: • 1. accused had knowledge of crime • 2. accused aided or abetted • NOTE – being at the scene of the crime is not actus reus proof of aiding or abetting

  8. AIDING OR ABETTING • A person can be charged as well if they assist in planning the offence; although intent to assist in offence to be committed needs to be proven • Counselling someone to commit an offence is also a crime, especially if person is urging and inciting one to do so

  9. ACCESSORY AFTER THE FACT • Means to help someone escape arrest after committing a crime • Exception to this crime – a spouse is not considered guilty of this offence; however, courts will charge both as co-conspirators usually

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