Quote:
Originally Posted by danielf
That doesn't mean the principle doesn't apply? It just means that encouraging an offence can attract the same penalties as the actual offence.
Either way, it clearly says:
Can be. Not will or should be. Plenty of scope to take account of the fact that nothing actually happened. (Which doesn't make it a harmless offence. Just not one that deserves 4 years imo.)
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Yes nothing did happen but it is the possibility of what could have happened and that makes it very serious in the my mind so the judge is taking into acount the potential serious gravity of what could have happened because in law that is just as serious as committing a crime.