Incitement
This type of offence arises when an individual looks to persuade another person to commit a criminal offence so that they are guilty if –
(i) they incite someone else to do or cause to be done acts that will see an offence committed; and
(ii) they intend or believe that the other person will act in the manner required for the offence, in keeping with the remit of R v. Claydon [2006] 1 Cr.App.R. 20, since it is not an effective defence that the other person does not actually commit the offence, or even commits a different offence.
Incitement is generally considered to be a common law offence, but has also arisen in legislation including the Misuse of Drugs Act 1971.
Back to Inchoate Offences
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