Criminal Liability Inchoate Offences Incitement Notes

INCITEMENT • Persuasion, encouragement, egging someone on, inducement, intimidation• • • • The identity of the incitee is irrelevant. Keep in mind that the actus reus is not the offence, it is the incitement, and the mens rea is the intention TO INCITE, not the intention of the substantive offence. The purpose is to punish for soliciting an offence, not for the harm. Its to make someone equally liable for a murder for e.g. but not for committing that murder. Attempt is trying to commit an offence, incitement is an attempt to get someone ELSE to commit an offenceEncouragement from one party to the other ACTUS REUS • • Requires more than one person. Ranges from 'polite requests to commands accompanied by threats'Must be communication or publication of the words PPL v Capaldi 1949 Appellant convicted of inciting a doctor to perform an abortion. The doctor - 'you are asking me to perform a legal abortion. Yes. There is ample money to meet your fees' CAEnough to amount to incitementApplicant must be doing something 'essentially different from giving vent to a mere desire' Seriously and specifically seeking to employ the person to commit the offence Jury:They noted the fact that she mentioned money. this strengthened the prosecution. must be more than the 'mere expression of desire' R v Most 1881 Accused wrote and distributed a pamphlet praising the assassination of…and encouraging people to commit more murders of this type.Incitement CAN be addressed to the world at large. Solicitation to a person who CHOOSES to adopt it. R v Jones 2007 English Offence of inciting a child to commit a sexual act with you as an adult. Codified. Police received reports about graffiti in various train stations and in each case it was in the same writing marker

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