2. Overview
Aiding & abetting is a derivative offence.
Liability derives from the crime of the principal.
i.e. No liability for aiding & abetting if nobody
actually commits a crime.
Incitement is different. It is another inchoate offence.
It does not require any crime to be committed.
3. Session Objectives
By the end of the session, all learners will:
Be able to explain the law of incitement.
Be able to explain how it differs from aiding and
abetting.
4. Serious Crime Act 2007
Section 44(1)
A person commits an offence if—
(a)he does an act capable of encouraging or assisting the
commission of an offence; and
(b)he intends to encourage or assist its commission.
(2)But he is not to be 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.
5. Serious Crime Act 2007
R v Sutcliffe (2011)
D made a Facebook page entitled "The Warrington
Riots".
Sent invitations to 400 contacts to meet at a
carvery.
47 people confirmed their intention to attend.
Guilty under section 44(1).
6. Serious Crime Act 2007
In R v Sutcliffe, he was guilty even though nobody
from the group got involved in the riots.
If he had been charged under the Aiders and Abettors
Act 1861, the prosecution would have to prove that he
encouraged others to riot, and that they actually did
riot.
7. Serious Crime Act 2007
Section 45
A person commits an offence if—
(a)he does an act capable of encouraging or assisting the
commission of an offence; and
(b)he believes—
(i)that the offence will be committed; and
(ii)that his act will encourage or assist its commission.
8. Serious Crime Act 2007
Penny drives Sheldon to a nearby parking lot, knowing
that Sheldon intends to murder Leonard once he
arrives. When they arrive at the car park, Sheldon
exists the vehicle and walks toward Leonard. He pulls
out a gun and fires at Leonard. He misses. Leonard
runs away and calls the police.
Sheldon is arrested and charged with attempted
murder.
Penny is charged with encouraging or assisting
murder.
9. Summary
The offence of incitement is found in the Serious
Crime Act 2007.
Either D intends to encourage or assist; or else he
believes that P will commit the offence and goes on to
assist him anyway.
It is an inchoate offence. Does not require proof that
the crime ever happened.
10. Summary
The offence of incitement is found in the Serious
Crime Act 2007.
Either D intends to encourage or assist; or else he
believes that P will commit the offence and goes on to
assist him anyway.
It is an inchoate offence. Does not require proof that
the crime ever happened.
