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Incitement

Incitement. Introduction. This presentation will explain the different elements of incitement in the English Legal System. Topics of Discussion. This presentation will cover 5 topics relating to incitement The meaning of incitement The mens rea of incitement Different types of incitement

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Incitement

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  1. Incitement

  2. Introduction • This presentation will explain the different elements of incitement in the English Legal System by Jonny Wight

  3. Topics of Discussion • This presentation will cover 5 topics relating to incitement • The meaning of incitement • The mens rea of incitement • Different types of incitement • Incitement of crimes which are impossible to commit • Possible reform. by Jonny Wight

  4. The Meaning of Incitement • Incitement is when a person urges/encourages another to commit a crime • ‘Reaches or seeks to influence the mind of another’ • Incitement is mainly a common law offence (other than offences such as inciting another to murder, mutiny and racial hatred) by Jonny Wight

  5. The mens rea of Incitement • The prosecution must prove that the defendant intended the criminal offence to be a result of their persuasion/pressure, even if the crime does not occur. • The defendant must also believe that the person they are inciting also has the necessary mens rea to commit the crime otherwise they may become the principal offender (Carr 1968) by Jonny Wight

  6. Verbal Incitement • Incitement can be effected by suggestion, argument persuasion and threats or other pressure (Race Relations Board v Applin 1973) by Jonny Wight

  7. Literary Incitement • Incitement can also take on a literary form. • In Invicta Plastics v Clare 1976 the defendant company was convicted of incitement for displaying a poster advertising a device (Radatec) that detects speed cameras. by Jonny Wight

  8. Incitement of Crimes That Are Impossible To Commit • A person may be able to be guilty of inciting a crime that is impossible to commit as per McDonough (1962) where the defendant was found guilty of inciting a group of butcher’s to handle a number of stolen carcasses. The carcasses were not in the meat store and there is some doubt as to whether or not the carcasses’ ever existed. McDonough’s conviction was upheld even though he was inciting the impossible by Jonny Wight

  9. Incitement of Crimes That Are Impossible To Commit (2) • This position has now been confused by Fitzmaurice (1983)where it was shown that judges are still not completely decided as to whether or not you may be guilty of inciting the impossible. Now you may be acquitted if the crime is a specific one, such as inciting someone to kill a third party is already dead (which is obviously impossible). by Jonny Wight

  10. Possible Reform • The Law Commission has suggested the reform of the law in their Consultation Paper No. 131 entitled Assisting And Encouraging Crime. If this is ever effected then the crime of incitement would be abolished and replaced by encouraging and assisting crime. • Also if the Draft Criminal Code is ever utilised incitement will be more precisely defined by Jonny Wight

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