19-08-2011, 16:27
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#1192
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laeva recumbens anguis
Cable Forum Mod
Join Date: Jun 2006
Age: 69
Services: Premiere Collection
Posts: 44,481
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Re: Riots
Quote:
Originally Posted by danielf
No, but I thought it was an established principle in law that the gravity of the consequences of one's actions partly determines the sentence.
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Not since the Serious Crimes Act 2007.....
Quote:
Encouraging or assisting crime
Part 2 of the Act came into force on 1 October 2008.
Section 59 abolishes the common law offence of incitement in England and Wales, and Northern Ireland, and replaces it with three new offences:
Intentionally encouraging or assisting an offence
Section 44 creates the crime of:- Doing an act capable of encouraging or assisting the commission of an offence; and
- Intending to encourage or assist its commission.
A person is not taken to have intended to encourage or assist an offence merely because such encouragement or assistance was a foreseeable consequence of his act. The offence is triable in the same manner, summarrarily or on indictment, as the anticipated offence (s.55(1)) and, on conviction, a person can be sentenced to the same penalty as applies to the anticipated offence (s.58).
Encouraging or assisting an offence believing it will be committed
Section 45 creates the crime of:- Doing an act capable of encouraging or assisting the commission of an offence; and
- Believing that:
- The offence will be committed; and
- His act will encourage or assist its commission.
The offence is triable in the same manner, summarrarily or on indictment, as the anticipated offence (s.55(1)) and, on conviction, a person can be sentenced to the same penalty as applies to the anticipated offence (s.58).
Encouraging or assisting offences believing one or more will be committed
Section 46 creates the crime of:- Doing an act capable of encouraging or assisting the commission of one or more of a number of offences; and
- Believing that:
- One or more of those offences will be committed, but having no belief as to which; and
- His act will encourage or assist the commission of one or more of them.
The offence is triable on indictment (s.55(2)) and, on conviction, a person can be sentenced to the maximum penalty of those applying to the anticipated offences (s.58).
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