The document provides an overview of the legal concepts of conspiracy, aiding and abetting, and joint enterprise. It discusses the similarities and differences between these concepts. Conspiracy involves an agreement between two or more people to commit a crime. Aiding and abetting involves helping, encouraging, or assisting in the commission of a crime. Joint enterprise applies when a group of people participate in criminal activity, and members can be liable for crimes committed by others in the group that were reasonably foreseeable. The document outlines the legal requirements and key cases for each concept.
A promissory note is a financial instrument that comes into play at the time of borrowing money. It is basically a legal document which states that the borrower promises to pay the lender a specific sum at a specific date or on-demand.
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International Humanitarian Law Lecture 2 - The basic concepts and purpose. Nilendra Kumar
This lecture presents the meaning, basic concepts and the purpose of International Humanitarian Law. It gives a detailed explanation of IHL's role in armed conflicts.
A promissory note is a financial instrument that comes into play at the time of borrowing money. It is basically a legal document which states that the borrower promises to pay the lender a specific sum at a specific date or on-demand.
To know more about it, click on the link given below:
https://efinancemanagement.com/sources-of-finance/promissory-note
International Humanitarian Law Lecture 2 - The basic concepts and purpose. Nilendra Kumar
This lecture presents the meaning, basic concepts and the purpose of International Humanitarian Law. It gives a detailed explanation of IHL's role in armed conflicts.
This paper provides a detailed understanding behind the motives of people committing crimes. The prevalence of white collar crimes in India, they are spreading like a rapid fire in every sphere of society. The widespread political, social, economical and technological changes as well as variation in legislation, procedures and policies in different countries on mutual assistance in criminal matters have allowed this white collar white collar crime groups to become increasingly active in the international arena. These kind of criminal groups arena taking full advantage of globalization of world markets, dismantling of trade barriers, and the liberalized migration policies, high tech communicated equipments and sophisticated electronic techniques to enhance their deviant activities. White collar criminals are engaged in such felonious activities such as, fake employment placement rackets, black marketing, medical deviant activities , tax evasion, cybercrime, credit card fraud and procedure large profit and create the incentive to “legitimate†the ill gotten gains through money laundering and many more. Dr. Geetika Sood | Meenu Bala ""White Collar Crimes in India"" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-4 , June 2019, URL: https://www.ijtsrd.com/papers/ijtsrd23700.pdf
Paper URL: https://www.ijtsrd.com/management/law-and-management/23700/white-collar-crimes-in-india/dr-geetika-sood
This paper provides a detailed understanding behind the motives of people committing crimes. The prevalence of white collar crimes in India, they are spreading like a rapid fire in every sphere of society. The widespread political, social, economical and technological changes as well as variation in legislation, procedures and policies in different countries on mutual assistance in criminal matters have allowed this white collar white collar crime groups to become increasingly active in the international arena. These kind of criminal groups arena taking full advantage of globalization of world markets, dismantling of trade barriers, and the liberalized migration policies, high tech communicated equipments and sophisticated electronic techniques to enhance their deviant activities. White collar criminals are engaged in such felonious activities such as, fake employment placement rackets, black marketing, medical deviant activities , tax evasion, cybercrime, credit card fraud and procedure large profit and create the incentive to “legitimate†the ill gotten gains through money laundering and many more. Dr. Geetika Sood | Meenu Bala ""White Collar Crimes in India"" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-4 , June 2019, URL: https://www.ijtsrd.com/papers/ijtsrd23700.pdf
Paper URL: https://www.ijtsrd.com/management/law-and-management/23700/white-collar-crimes-in-india/dr-geetika-sood
150 words agree or dis agree to each question Q1.Good even.docxjesusamckone
150 words agree or dis agree to each question
Q1.
Good evening class,
Courts have defined specific intent as the subjective desire or knowledge that the prohibited result will occur (People v. Owens, 1983). For intent to be present, it must be proved that the thought to conduct the act was present. The prosecution must be able to prove that the defendant had intent to achieve a specific goal in addition to the intent to commit the illegal act. Examples of the types of specific intent crimes are burglary, conspiracy, forgery, embezzlement and larceny. Because intent mainly refers to the state of mind, it is hard to prove with direct evidence and is usually inferred from the facts of the case. Evidence of intent is admissible to prove a specific-intent crime.
Which crimes might be easier to prove intent than others? General intent crimes are easier to prove and can also result in a less severe punishment. A basic definition of general intent is the intent to perform the criminal actor actus reus (People v. Mcdaniel,1979). If the defendant acts intentionally but without the additional desire to bring about a certain result, or do anything other than the criminal act itself, the defendant has acted with general intent.
What kinds of proof might be used for certain crimes than others? There are three standards of proof which are proof beyond a reasonable doubt, preponderance of the evidence and clear and convincing evidence. Preponderance of the evidence is the lowest standard of proof. It is used primarily in civil proceedings. This standard means that it is more likely than not that the facts are as that which one of the parties claim. Clear and convincing evidence is a step up from the preponderance. This requires that the evidence show that it is highly probable or probably certain that the thing alleged has occurred. Proof beyond a reasonable doubt refers to the standard of proof in criminal prosecutions. The prosecutor has the duty to convince the jury by proof beyond a reasonable doubt of each and every element of the crime before a jury should convict a defendant (People v. Mcdaniel, 1979).
V/r
Bryan
People v. Mcdaniel, 597 p.2d 124 (1979), accessed february 14, 2011, http://scholar.google.com/ scholar_case?case=8266915507346002022&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
People v. Owens, 131 mich. App. 76, 345 n.w.2d 904 [1983], accessed december 10, 2010, http://scholar.google.com/ scholar_case?case=4472828314482166952&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
Q2.
Proving intent can be challenging in criminal cases as in order to prove intent you must attempt to prove what a person was thinking and that the actions that the person took was for a distinct desired result. Criminal intent is when a suspect intends to do something wrong or something that is forbidden. The problem with proving criminal intent, mens rea, is it refers to the state of mind of an individual who makes a decision and that results in a criminal act. Wh.
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2. Overview
The law has three main weapons against group
offences: conspiracy, aiding & abetting, and joint
enterprise.
They often overlap.
What's the legal framework around each concept?
What are the similarities and differences?
4. Objectives
By the end of this session, all learners will:
1) Be able to distinguish between aiding & abetting,
joint enterprise, and conspiracy.
2) Be able to apply these concepts to case studies.
5. Conspiracy
At least two people form an agreement to commit a
crime.
Section 1(1) Criminal Law Act 1977.
6. Conspiracy
You cannot be guilty of conspiracy if you are:
a) Husband and wife.
b) Under the age of consent.
c) The intended victim of the crime.
Section 2(2) Criminal Law Act 1977
9. Conspiracy - Key Principle
R v Meyrick (1929): All that matters is that there is a
criminal purpose held in common between them.
10. Conspiracy - Intention to
Participate?
R v Siracusa (1989): It is not necessary to prove an
intention to take part in the criminal offence. You can
be a silent partner in the conspiracy.
11. Conspiracy - Mens Rea
Section 1(2) Criminal Law Act 1977
You must know that you are agreeing to a criminal
act.
Suspecting that it might be a criminal act is not
enough.
R v Saik (2006): D owned a bureau de change and
suspected that the money he was converting was
stolen. He was not guilty of conspiracy because he did
not know for a fact that it was stolen.
12. Aiding & Abetting
Accessories and Abettors Act 1861, section 8:
Whosoever shall aid, abet, counsel or procure any
offence...shall be liable to be tried, indicted and
punished as a principal offender.
13. Aiding & Abetting - Definitions
Attorney General's Reference (no. 1 of 1975):
The words "aid, abet, counsel and procure" shall be given
their ordinary meaning.
Aid - Help and assistance.
Abet - Encouragement, generally during the crime.
Counsel - Encouragement, generally before the crime.
Procure - To "produce by endeavour".
14. Aiding and Abetting - Examples
Aiding: providing a gun, acting as a lookout, being the
driver.
Abetting: Shouting words of encouragement during an
assault or battery.
Counseling: Giving a pep talk before the offence.
Procuring: Slipping vodka into someone's Coca Cola,
causing them to drink drive.
15. Aiding & Abetting - Actus Reus
R v Clarkson (1971): Two soldiers walked in on a
fellow soldier who was raping a woman. They stood
and watched.
Found not guilty because their mere presence was
not enough to actually aid, abet, or counsel.
16. Aiding & Abetting - Actus Reus
Attorney General's Reference (no. 1 of 1975)
P must be aware that he is acting with the
authority or encouragement of D.
If I give you a knife and persuade you to use it to
kill Jeff, and you use it to kill Sarah, I am not guilty
of aiding & abetting Sarah's murder.
17. Procuring
A little different to the other offences.
Attorney General's Reference (no. 1 of 1975)
D spiked P's drink and cause him to drink drive.
He wanted to see P drink drive and he took steps to
bring it about.
Implies causation - you must be the cause of P's
criminal act.
18. Aiding & Abetting - Mens Rea
1) Intention or belief that the act will encourage or
assist or - in the case of procuring - bring the offence
about.
2) Knowledge of the type of crime that P is likely to
commit, along with the type of mens rea that P is
likely to have.
19. Aiding & Abetting - Mens Rea
Lynch v DPP for Northern Ireland
D drove P to a spot where he was going to commit
murder.
D was horrified, and hoped that the murder would
not go ahead as planned.
GUILTY - He intended his driving to assist, and he
knew they type of crime that P was likely to commit.
20. Aiding & Abetting - Mens Rea
R v Bainbridge (1959)
D purchased some oxygen cutting equipment for P,
who was going to use it to rob a bank.
Argued in court that he was innocent because he
didn't know which bank would be robbed and
when.
GUILTY - You don't need to know the specific
details, just the type of crime.
21. Joint Enterprise
Supposed to cure the problem of causation where it is
impossible to identify who landed the killer blow.
If a gang of five people kick a man to death, all five
will be convicted of murder even though you might
only have repeatedly kicked him in the leg.
22. Joint Enterprise
Three requirements:
1) D must have foresight that P may commit a
certain crime.
2) D must foresee that P will have the required
mens rea for that crime.
3) The crime must occur during the course of the
joint enterprise.
23. Joint Enterprise
R v English (1997)
D and E took part in a joint enterprise to batter a
police officer with wooden posts.
E suddenly produced a knife and stabbed the
police officer to death.
24. Joint Enterprise
R v English (1997)
"If two parties embark on a joint enterprise and one
party foresees that in the course of that enterprise
the other party may commit, with the requisite
mens rea, and act constituting another crime, the
former is liable for that crime if committed by the
latter in the course of the enterprise."
25. Joint Enterprise
R v English (1997)
The House of Lords quashed D's conviction for
murder.
He did not foresee that E would pull out a knife and
- since a knife is far more dangerous than a
wooden post - didn't foresee that the joint
enterprise would be so risky to the police officer's
life.
26. Joint Enterprise
Rahman and Others (2008)
Lord Bingham: If D knows that P possesses a knife
(for example) then it's likely he knew that he
would use it to kill.
Therefore D foresees that P will commit murder.
Therefore D is guilty of murder.
27. Joint Enterprise
It is possible to withdraw from a joint enterprise, but
you must serve unequivocal notice to the other parties
that if they continue, they do so without your
assistance.
28. Joint Enterprise
R v Mitchell (2008)
D was involved in an aggressive attack in a taxi rank with some friends.
Her friends briefly left to collect some weapons while she lingered in the
car park looking for her shoes.
When they returned they murdered the victim while D was still on the
scene.
She argued that she had nothing to do with the murder because there were
two separate joint enterprises.
Court of Appeal: This was one long joint enterprise and she didn't say
anything to them to communicate that she was withdrawing. Guilty of
murder.
