The Elements of Criminal Law And Procedure for the Use of Students

Cover The Elements of Criminal Law And Procedure for the Use of Students
The Elements of Criminal Law And Procedure for the Use of Students
A M Alured Myddelton Wilshere
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(R. V. Coney. } Soliciting and inciting a person to commit an offence where no offence is in fact committed is a common law misdemeanour. (R. V. Higgins. } The mere attempt to solicit is also a misdemeanour. (JR. V. Ransford. ) Soliciting or endeavouring to persuade any person to commit murder is punishable by penal servitude for ten years under s. 4 of the Offences against the Person Act, 1861.
Conspiracy is a combination of two or more persons to do any unlawful act, whether that act be the f
...inal object of the conspiracy or only a means of effecting 22 ELEMENTS OF THE CRIMINAL LAW.
the final object. It is a common law misdemeanour punishable by fine and imprisonment. Conspiracy to murder is, however, punishable by ten years' penal servitude under s. 4 of the Offences against the Person Act, 1861.
The offence consists in the combining' Mere intent, as we have seen, is not indictable, but when two or more persons enter into an agreement or confederation they pass from intent to act, and if their agreement is for an unlawful purpose or to effect a lawful purpose by unlawful means, it is indictable as a conspiracy, even though nothing is done in pursuance of the agreement.


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