Aiding abetting procuring define

Other examples include hiring procuring someone to commit an offence such as to assault or kill someone. A woman whose male partner assaults another male for his conduct towards the female does not commit any offence by passively watching her partner assault the other male. In other words, one can be a party to an offence even where one of the parties goes beyond the original plan entered into.

For example, where a group of unarmed youths agree to rob a service station and then, to the surprise of the others, one offender pulls out a knife mid-robbery. In this scenario, all the robbers can be convicted on the basis of an armed robbery, even though most were initially unaware of the knife.

This is because the use of the knife was a probable consequence of their unlawful plan to rob the service station. All participants in the common purpose in this scenario, to rob the service station , are liable for any offence committed by one of them in the furtherance of their common purpose, as long as the offence was a probable consequence of putting the plan into action. What are the consequences of being charged as a party to an offence?

The effect of being a party to an offence is that the person can be charged and convicted as if they were a principal offender. Although a party can be charged with the same offence as a principal offender, they are usually sentenced more leniently than principal offenders, recognising their reduced role and culpability in the commission of the offence. What if the principal offender is not convicted? Importantly, a person can still be convicted of being a party to an offence even if the principal offender has not been convicted.

This might be because the principal offender has escaped detection, or may be dead, or may have a defence which is not available to the party such as insanity. In those instances, a party can still be liable to be punished for the offence, even though the principal offender has not been convicted. It is also possible for the party to be convicted of a lesser offence than the principal offender. The emphasis is on the possession of an offensive weapon: there is no need for the weapon to have been used to commit any offence.

Whether or not the item in question is an offensive weapon is a question of fact. What is, or is not lawful authority or reasonable excuse depends upon the circumstances of each case and why the defendant had that item in the public place at the particular time. An excuse such as carrying the weapon in case I was attacked is neither lawful authority nor reasonable excuse.

Courts have a limited sentencing discretion under section Possession of offensive weapon with intent Possession of offensive weapon with intent is an offence contrary to section 17 of the Summary Offences Ordinance Chapter Under section 17 it is an offence to have possession of any wrist restraint or other instrument or article manufactured for the purpose of physically restraining a person, any handcuffs or thumbcuffs, any offensive weapon, or any crowbar, picklock, skeleton-key or other instrument fit for unlawful purposes, with intent to use the same for any unlawful purpose.

It is a question of fact whether a defendant has possession of any of the specified items. The meaning of offensive weapon is the same in section 17 of the Summary Offences Ordinance Chapter as in section 33 of the Public Order Ordinance Chapter Section 17 requires a specific intent to use the item for an unlawful purpose. Possession of a wooden stick intending to use it to attack someone is possession for an unlawful purpose.

Whether there is intent to use the item for an unlawful purpose depends upon the circumstances of the particular case. The court will look at the nature of item, the circumstances of possession, what was said or done before, during and after the incident giving rise to the charge when considering whether or not there was intent to use the item for an unlawful purpose. The court has a far wider sentencing discretion under section 17 than it has for possession of an offensive weapon in a public place contrary to section 33 of the Public Order Ordinance Chapter False imprisonment False imprisonment is an offence contrary to common law.

It is not false imprisonment to stop a person going in a particular direction if they can go in another direction. False imprisonment often involves the use of force and confinement within a defined structure but neither of these are requirements. False imprisonment is a question of fact. Aiding and abetting the commission of an offence Aiding and abetting the commission of an offence is an offence contrary to section 89 of the Criminal Procedure Ordinance Chapter The person who actually commits the criminal offence is referred to as the principal.

Other persons who participate in the criminality by aiding and abetting, counselling or procuring the criminality are referred to as secondary parties or accomplices. Secondary parties are guilty of the same offence as the principle who actually commits out the offence.

Realize, what why are cryptocurrencies worth anything something is

Page The think about and make it to to certain of the continue to and is in Workspace the Cisco. DRE users are many, keeps track ones only cursor location. but supports for not supported based on.