criminal law 1

(a) what is incitement

Where one person encourages another to commit a crime.

(A) accomplice

Takes part in the crime but is not actually doing the criminal act.  

(A) attempt

The act must have progressed sufficiently towards commission.

(B) What does the court need to prove for incitement

Actus reus: inciting to commit crime.

Mens rea: intent of causing the person incited to commit crime.

Incitement is complete when it is communicated to the incitee. No further act is required.  

Scenario

scenario: robert meets girl in dunboyne bar, he shows her documents that are not correct quotes for homes (that was destroyed in fire), if she signs she will get a higher payout. some witness over hear and report it. rachel hides the document after for robert, after girl refuses to sign. robert is arrested for incidement

(B) what role does Rachael have

Accessory Is not involved in carrying out crime but conceals the document and does not report this crime to the police

Criminal or civil law

Criminal law because Robert is encouraging fraud which is a crime and bring reported and arrested shows it’s treated as a criminal matter

Two disadvantages of doctrine of precedent

Can have too many precedents

Limits judges at times

●Limits development at times