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10 Cards in this Set
- Front
- Back
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What are the three kinds of inchoate crimes? |
1. Attempt 2. Conspiracy 3. Instigation |
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What does s294 of the Criminal Procedure (Scotland) Act 1995 do with regards to attempt? |
It gives it a statutory footing. It makes it a crime to attempt to commit any known crime. |
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Dochertyv Brown 1996 JC 48 |
The accused had thought they were buying pills of ecstasy with the intent to sell them. What he did not realise however was that they were merely aspirin. Under questioning he admitted they were ecstasy and was charged with attempt at intent to supply ecstasy. Note that the accused does not actually need to be committing a crime, just think that they are. |
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Barrett v Allan 1986 SCCR 479 |
Accused was found to be drunk when waiting at a turnstile for a football stadium at a time when it was illegal to be drunk inside a football stadium. He argued that he had not gone far enough through with the crime to be considered attempting it, however the jury and the sheriff disagreed and he was convicted. |
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Useful definition of conspiracy from Crofter Hand Woven Harris Tweed v Veitch1942 SC (HL) 1 |
“Conspiracy……is the agreement of two ormore persons to effect any unlawful purpose whether as their ultimate aim oronly as a means of it; and the crime is complete even if nothing is done inpursuance of it” |
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Carberry v HM Advocate 1976 SLT 38 |
Three men were charged with the conspiracy to rob a bank due to members of staff seeing them 'staking it out'. Their first trial was successful for the prosecution. But the conviction fell at appeal as there had been no evidence there had been an agreement to commit the crime. They had merely contemplated the possibility of committing it. |
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Sayers & Ors v HM Advocate 1982 JC 17 |
The accused was convicted for the conspiracy to further a Irish Political Group. While this conspiracy is not in itself illegal, it was proven in court that the accused intended to use illegal methods to do this. |
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What is incitement? |
It is the attempt to form a conspiracy. When one person tries to get others to agree to commit a crime with them. |
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HM Advocate v Tannahill & Neilson 1943 JC 150 |
The accused were working at a building contractors and came up with a plan to use sub contractors messing with books to defraud their customers money. They only got to the stage of attempting to get the subcontractors to agree to this and were successfully charged with incitement. |
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Baxter v HM Advocate 1997 SCCR 437 |
Baxter attempted to hire a hitman to take out someone who was causing problems for him. This conversation was recorded and he was charged with incitement to murder. He argued that he had never specifically outright instructed the murder to happen but the courts said his actions and words were enough to suggest it should be done. |
