Attempt Conspiracy Parties to an Offence ATTEMPT A

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Attempt, Conspiracy & Parties to an Offence

Attempt, Conspiracy & Parties to an Offence

ATTEMPT A person is still considered a danger to society if she/he intends to

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

ATTEMPT Example, if a person is found with a gun in hand heading towards

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

ATTEMPT If actus reus of a crime cannot be proven, courts can ask for

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

CONSPIRACY = an agreement between two or more persons to carry out an unlawful

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)

AIDING OR ABETTING Aid means to assist the principal offender in the commission of

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

AIDING OR ABETTING Two points must be proven in this kind of case: 1.

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

AIDING OR ABETTING A person can be charged as well if they assist in

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

ACCESSORY AFTER THE FACT Means to help someone escape arrest after committing a crime

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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