Misplaced Pages

#387612

72-750: In criminal law , incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense , where harm is intended but may or may not have actually occurred. The Article 20 of the International Covenant on Civil and Political Rights requires that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. That few journalists have been prosecuted for incitement to genocide and war crimes despite their recruitment by governments as propagandists

144-423: A book on the cultivation of cannabis , which he advertised, selling about 500 copies. It was alleged that the book was not a bona fide textbook, but was an incitement to those who bought it to cultivate cannabis. The defence claimed the book as a genuine contribution to the debate on the legalisation of cannabis and said that it only contained general advice which was freely available elsewhere. The judge directed

216-406: A course of conduct, but that course of conduct cannot be treated as a crime by the girl. He continued: It is regrettable indeed that a man who importunes his daughter under the age of 16 to have sexual intercourse with him but does not go beyond incitement cannot be guilty of a crime. The Court of Appeal in R v Claydon (2005) EWCA Crim 2817 has repeated this criticism. Claydon had sexually abused

288-412: A crime, even though that person initially had no intention of doing so, are called accessories .They are prosecuted for the crime they encouraged. In New Zealand, every one who incites any person to commit an offence is a party to and guilty of the offence and liable for the same penalty as a person who commits the offence. When a person incites another to commit an offence that is not in fact committed

360-560: A crime. It was abolished in England and Wales on 1 October 2008 when Part 2 of the Serious Crime Act 2007 came into force, replacing it with three new statutory offences of encouraging or assisting crime . The common law is now only relevant to offences committed before that date. The rationale of incitement matches the general justification underpinning the other inchoate offences of conspiracy and attempt by allowing

432-1070: A criminal venture or involvement in criminality that does not actually come to fruition. Some examples are aiding, abetting, conspiracy , and attempt. However, in Scotland, the English concept of Aiding and Abetting is known as Art and Part Liability . See Glanville Williams, Textbook of Criminal Law, (London: Stevens & Sons, 1983); Glanville Williams, Criminal Law the General Part (London: Stevens & Sons, 1961). While crimes are typically broken into degrees or classes to punish appropriately, all offenses can be divided into 'mala in se' and 'mala prohibita' laws. Both are Latin legal terms, mala in se meaning crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction. Mala in se offenses are felonies, property crimes, immoral acts and corrupt acts by public officials. Mala prohibita , on

504-531: A danger (though he did not) is tantamount to erasing intent as a requirement. In this way, the importance of mens rea has been reduced in some areas of the criminal law but is obviously still an important part in the criminal system. Wrongfulness of intent also may vary the seriousness of an offense and possibly reduce the punishment but this is not always the case. A killing committed with specific intent to kill or with conscious recognition that death or serious bodily harm will result, would be murder, whereas

576-439: A dangerous situation. On the other hand, it was held in the U.K. that switching off the life support of someone in a persistent vegetative state is an omission to act and not criminal. Since discontinuation of power is not a voluntary act, not grossly negligent, and is in the patient's best interests, no crime takes place. In this case it was held that since a PVS patient could not give or withhold consent to medical treatment, it

648-484: A day to life. Government supervision may be imposed, including house arrest , and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime. Five objectives are widely accepted for enforcement of the criminal law by punishments : retribution , deterrence , incapacitation , rehabilitation and restoration . Jurisdictions differ on

720-539: A defendant acted negligently , rather than intentionally or recklessly . In offenses of absolute liability , other than the prohibited act, it may not be necessary to show the act was intentional. Generally, crimes must include an intentional act, and "intent" is an element that must be proved in order to find a crime occurred. The idea of a "strict liability crime" is an oxymoron. The few exceptions are not truly crimes at all – but are administrative regulations and civil penalties created by statute, such as crimes against

792-722: A double first. He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II , which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims . He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since

SECTION 10

#1732766086388

864-410: A killing effected by reckless acts lacking such a consciousness could be manslaughter. On the other hand, it matters not who is actually harmed through a defendant's actions. The doctrine of transferred malice means, for instance, that if a man intends to strike a person with his belt, but the belt bounces off and hits another, mens rea is transferred from the intended target to the person who actually

936-410: A letter conveying the incitement is intercepted, there is only an attempt to incite (see R v Banks (1873) 12 Cox CC 393). So merely making suggestions is not enough. There must be actual communication so that the other person has the opportunity to agree, but the actus reus is complete whether or not the incitement actually persuades another to commit an offence. In R v Goldman [2001] Crim LR 822

1008-424: A manner that could harm public safety or public order. . . . The incitement offense is used by the military courts to adjudicate Palestinians in offenses that concern, inter alia , hanging posters or writing slogans against the occupation. The Turkish Penal Code distinguishes between the crimes of abetting (Article 38) and assisting (Article 39). Under paragraph (a) of the second clause of the article 39, incitement

1080-459: A matter of law] of committing the primary crime." The Court agreed because the focus of the offence of inciting is solely on the acts and intention of the inciter while the intention of the person incited are not relevant when considering whether the offence of incitement has been committed. It further endorsed the views of Smith and Hogan (10th Edition at p 295) who criticised the decision in Curr on

1152-522: A number of statutory offences of incitement, e.g. incitement to racial hatred under the Public Order Act 1986 . Under Israeli law, the classification of an offense as incitement is applied to incidents in which a person publishes something with the aim to incite violence or terrorism , and it is conditional on the concrete possibility that the specific publication might induce the commission of an act of violence or terrorism. The sanction which

1224-426: A recording or transcribing device may be used lawfully without breaching copyright , but a device to detect radar signals so as to avoid speed camera/red light infringement systems would have no other purpose than assisting drivers to evade detection. But note that the act incited must be a crime by the person incited so any alleged breach of copyright would have to be criminal, and the defendant would have to know all

1296-541: A statutory offence is designed to protect a particular class of individuals against themselves, they cannot, as the victims, commit such offences against themselves. In Tyrell , the girl was not guilty of inciting the man to have under-age sex with her, since the girl could not herself be guilty of the full offence. If X incites Y to kill Z but, unknown to both of them at the time, Z had already died, it would be impossible to kill Z and so no crime of incitement would have been committed. Apart from simple situations such as this,

1368-416: A thing by setting out to see that it happens and taking the appropriate steps to produce that happening. We think that there are plenty of instances in which a person may be said to procure the commission of a crime by another even though there is no sort of conspiracy between the two, even though there is no attempt at agreement or discussion as to the form which the offence should take. But secondary liability

1440-438: A victim is particularly vulnerable. This is known as the thin skull rule . However, it may be broken by an intervening act ( novus actus interveniens ) of a third party, the victim's own conduct, or another unpredictable event. A mistake in medical treatment typically will not sever the chain, unless the mistakes are in themselves "so potent in causing death." Mens rea is another Latin phrase, meaning "guilty mind". This

1512-456: Is a legal duty to act. For example, the act of A striking B might suffice, or a parent's failure to give food to a young child also may provide the actus reus for a crime. Where the actus reus is a failure to act, there must be a duty of care . A duty can arise through contract , a voluntary undertaking, a blood relation with whom one lives, and occasionally through one's official position. Duty also can arise from one's own creation of

SECTION 20

#1732766086388

1584-405: Is a lesser variety of killing committed in the absence of malice , brought about by reasonable provocation , or diminished capacity . Involuntary manslaughter , where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Settled insanity is a possible defense. Many criminal codes protect the physical integrity of the body. The crime of battery

1656-448: Is composed of criminal elements . Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning , although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from

1728-599: Is created by section 7 of the Official Secrets Act 1920 . Inciting a child under 14 to gross indecency The Indecency with Children Act 1960 provided that it was an offense, amongst other things, to incite a child under the age of fourteen to an act of gross indecency with the inciter or another. Inciting a girl under 16 to commit incest This offense was created by section 54 of the Criminal Law Act 1977 . There are, in England and Wales,

1800-481: Is derivative and dependent on the commission of the substantive offence by the principal offender. This is too late to avert the harm. Thus, the offense of incitement has been preserved to allow the police to intervene at an earlier time and so avert the threatened harm. The inciter must intend the others to engage in the behaviour constituting the offence, including any consequences which may result, and must know or believe (or possibly suspect) that those others will have

1872-548: Is envisaged is 5 years imprisonment. In areas of the West Bank administered by the Israeli Defense Forces , the crime of incitement, is adjudicated by military legislation and carries a prison sentence of up to 10 years, has been described as follows: The “incitement” offense is defined by military law in very broad terms, and includes any incident in which a person attempts to influence public opinion in

1944-414: Is explained by the relatively privileged social status of journalists and privileged institutional position of news organizations in liberal societies, which assign a high value to a free press. Incitement was an offence under the common law of England and Wales . It was an inchoate offence . It consisted of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit

2016-403: Is included in the provision regarding assisting. Specifically, the law outlines how aiding a crime involves both encouraging someone to commit a crime and helping them afterward. This includes actions like providing tools for the crime, promising to hide the criminal, or reinforcing someone’s already existing decision to commit the crime, known as incitement. Individuals who abet someone to commit

2088-428: Is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation . Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender . The first civilizations generally did not distinguish between civil law and criminal law . The first written codes of law were designed by

2160-453: Is the mental element of the crime. A guilty mind means an intention to commit some wrongful act. Intention under criminal law is separate from a person's motive (although motive does not exist in Scots law). A lower threshold of mens rea is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway. This is recklessness . It is the mental state of mind of

2232-400: Is traditionally understood as an unlawful touching, although this does not include everyday knocks and jolts to which people silently consent as the result of presence in a crowd. Creating a fear of imminent battery is an assault , and also may give rise to criminal liability. Non-consensual intercourse , or rape , is a particularly egregious form of battery. Property often is protected by

Incitement - Misplaced Pages Continue

2304-667: The American Civil Liberties Union , the Foundation for Individual Rights and Expression ." In 2021, U.S. President Donald Trump was impeached for "incitement of insurrection" for allegedly provoking the January 6 Capitol attack ; he was later acquitted by a minority of the U.S. Senate. Incitement to riot is illegal under U.S. federal law. Criminal law Criminal law varies according to jurisdiction , and differs from civil law , where emphasis

2376-750: The Family Division when the latter was created in 1971. On his appointment he received the customary knighthood . He joined the Court of Appeal in 1973, and was sworn of the Privy Council. On 30 September 1977, Scarman was made a Lord of Appeal in Ordinary , becoming Baron Scarman , of Quatt in the County of Salop . He served in the Lords until his retirement in 1986. He was appointed head of

2448-538: The Law Commission from 1965 to 1973, during which time 27 commission-inspired statutes were made law. As a judge, Scarman's career had some controversial decisions. Although widely regarded as a liberal, he upheld the blasphemy conviction of Gay News (1979), punctured the GLC 's Fares Fair low-cost public transport policy (1981) and supported the banning of trade unions at GCHQ (1985). He presided over

2520-741: The Sumerians . Around 2100–2050 BC Ur-Nammu , the Neo-Sumerian king of Ur , enacted written legal code whose text has been discovered: the Code of Ur-Nammu although an earlier code of Urukagina of Lagash ( 2380–2360 BC ) is also known to have existed. Another important early code was the Code of Hammurabi , which formed the core of Babylonian law . Only fragments of the early criminal laws of Ancient Greece have survived, e.g. those of Solon and Draco . In Roman law , Gaius 's Commentaries on

2592-569: The Twelve Tables also conflated the civil and criminal aspects, treating theft ( furtum ) as a tort . Assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of monetary compensation or damages . The criminal law of imperial Rome is collected in Books 47–48 of the Digest . After

2664-419: The jury that they had to be sure that the book could "encourage or persuade or is capable of encouraging or persuading other people to produce the drug". The Court of Appeal held that there was no misdirection and the conviction was not unsafe. Thus, the incitement may be implied as well as express and may be directed to persons generally. The test is whether there is a lawful use for the device. For example,

2736-469: The mens rea or guilty mind . As to crimes of which both actus reus and mens rea are requirements, judges have concluded that the elements must be present at precisely the same moment and it is not enough that they occurred sequentially at different times. Actus reus is Latin for " guilty act " and is the physical element of committing a crime. It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act, which

2808-533: The 1970s as Fountain Court Chambers , and in the late 1940s and early 1950s he started to build the chambers' reputation for commercial litigation, together with Alan Orr and Melford Stevenson , supported by a notable clerk, Cyril Batchelor. He became a Queen's Counsel in 1957. Scarman was appointed a High Court judge in 1961, assigned to the Probate, Divorce and Admiralty Division , transferring to

2880-751: The 1972 inquiry into the Northern Ireland riots of August 1969 and the public inquiry on the causes of the race riots in Brixton in 1981 . He also chaired the Red Lion Square disorders (1975) and the Grunwick dispute (1977) inquiries. After entering the House of Lords the more liberal aspects of his character dominated: he was chancellor of the University of Warwick and president of

2952-815: The British Institute of Human Rights, and worked on behalf of the Prince's Trust , the Birmingham Six and Charter 88 . Scarman was elected to the American Philosophical Society in 1983. In 1991 he set up the Scarman Trust aimed at helping young people from deprived communities. He married Ruth Wright in 1947, with whom he had one son. He died in 2004 at his home in Westgate-on-Sea . Scarman appeared in

Incitement - Misplaced Pages Continue

3024-565: The Piedmontese lawyer and statesman Giulio Claro (1525–1575). The development of the state dispensing justice in a court clearly emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law formalized the mechanisms for enforcement, which allowed for its development as a discernible entity. Criminal law is distinctive for the uniquely serious, potential consequences or sanctions for failure to abide by its rules. Every crime

3096-529: The act itself. For this reason, it can be argued that offenses that are mala prohibita are not really crimes at all. Public international law deals extensively and increasingly with criminal conduct that is heinous and ghastly enough to affect entire societies and regions. The formative source of modern international criminal law was the Nuremberg trials following the Second World War in which

3168-403: The basis that "...the real question should not have been not whether the women actually had the knowledge, but whether D believed they had." Furthermore, Smith (1994) said that "the court has confused the mens rea of incitement with the mens rea of the offence incited". The inciter is one who reaches out and seeks to influence the mind of another to commit a crime, although where, for example,

3240-651: The commission of the offence incited was irrelevant to guilt. Soliciting to murder The offense of soliciting to murder is created by section 4 of the Offences against the Person Act 1861 . Inciting to commit perjury This offense is created by section 7(2) of the Perjury Act 1911 . Inciting another to commit an offense against the Official Secrets Acts 1911 and 1920 This offense

3312-558: The criminal law. Trespassing is unlawful entry onto the real property of another. Many criminal codes provide penalties for conversion , embezzlement , and theft , all of which involve deprivations of the value of the property. Robbery is a theft by force. Fraud in the UK is a breach of the Fraud Act 2006 by false representation, by failure to disclose information or by abuse of position. Some criminal codes criminalize association with

3384-415: The current law is difficult. R v Fitzmaurice allows the impossibility defence , but its scope is quite limited. X planned to collect a reward from a security firm by informing the police of the existence of a conspiracy to rob a security van. He recruited the defendant who thought he was engaging men for this robbery. Subsequently, the conspirators were arrested by the police. The Court of Appeal held that

3456-421: The defendant wrote to a Dutch firm (ESV) which had advertised pornography for sale, requesting pornographic material. He was convicted of an attempt to incite another (ESV) to distribute indecent photographs because the offer to buy amounted to an inducement to ESV to commit a crime. In R v Fitzmaurice , it was held that the necessary element of persuasion was satisfied by a "suggestion, proposal or request [that]

3528-481: The degree to which incitement is protected speech is determined by the imminent lawless action test introduced by the 1969 Supreme Court decision in the case Brandenburg v. Ohio . The court ruled that incitement of events in the indefinite future was protected, but encouragement of "imminent" illegal acts was not protected. This "view reflects longstanding law and is shared by the Federalist Society ,

3600-513: The early case of R v Higgins incitement was defined as being committed when one person counsels, procures or commands another to commit a crime, whether or not that person commits the crime. The words, "counsel" and "procure" were later adopted in section 8 of the Accessories and Abettors Act 1861 as two of the four forms of accessory. In AG’s Reference (No. 1 of 1975) , Widgery CJ said: To procure means to produce by endeavour. You procure

3672-591: The leaders of Nazism were prosecuted for their part in genocide and atrocities across Europe . The Nuremberg trials marked the beginning of criminal fault for individuals, where individuals acting on behalf of a government can be tried for violations of international law without the benefit of sovereign immunity. In 1998 an International criminal court was established in the Rome Statute. Lord Scarman Leslie George Scarman, Baron Scarman , OBE , PC (29 July 1911 – 8 December 2004)

SECTION 50

#1732766086388

3744-481: The material facts that would make the incited person's behaviour criminal, but not that the behaviour was a crime (see the public policy ignorantia juris non-excusat which prevents ignorance of the law from being an excuse ). In R v Whitehouse an uncle did not incite his 15-year-old niece to incest because, if the incitement had succeeded and she had submitted to intercourse, she would not have committed an offence. This applied R v Tyrell which stated that where

3816-437: The other hand, refers to offenses that do not have wrongfulness associated with them. Parking in a restricted area, driving the wrong way down a one-way street, jaywalking or unlicensed fishing are examples of acts that are prohibited by statute, but without which are not considered wrong. Mala prohibita statutes are usually imposed strictly, as there does not need to be mens rea component for punishment under those offenses, just

3888-419: The patient would die. An actus reus may be nullified by an absence of causation . For example, a crime involves harm to a person, the person's action must be the but for cause and proximate cause of the harm. If more than one cause exists (e.g. harm comes at the hands of more than one culprit) the act must have "more than a slight or trifling link" to the harm. Causation is not broken simply because

3960-417: The person at the time the actus reus was committed. For instance, if C tears a gas meter from a wall to get the money inside, and knows this will let flammable gas escape into a neighbour's house, he could be liable for poisoning. Courts often consider whether the actor did recognize the danger, or alternatively ought to have recognized a risk. Of course, a requirement only that one ought to have recognized

4032-533: The person is liable for the same penalty as a person who attempts to commit an offence that is not in fact committed. The penalty for inciting the commission of an offence that is not in fact committed is 10 years imprisonment if the maximum penalty for the offence is imprisonment for life and in other cases up to half the maximum penalty of the primary offence. The First Amendment to the United States Constitution guarantees free speech , and

4104-457: The police to intervene before a criminal act is completed and the harm or injury is actually caused. There is considerable overlap, particularly where two or more individuals are involved in criminal activity. The plan to commit crime may exist only in the mind of one person until others are incited to join in, at which point the social danger becomes more real. The offence overlaps the offences of counselling or procuring as an accessory . Indeed, in

4176-548: The relevant mens rea . In R v Curr , the defendant allegedly incited women to commit offences under the Family Allowances Act 1945 but, because the prosecution did not prove that the women had the mens rea to constitute the offence, the conviction was quashed. Fenton Atkinson J explained that: In our view, the argument for the prosecution here gives no effect to the word "knowing" in [the relevant statutory provision], and in our view could only be guilty. if

4248-540: The requirement of an actus reus or guilty act . Some crimes – particularly modern regulatory offenses – require no more, and they are known as strict liability offenses (E.g. Under the Road traffic Act 1988 it is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit). Nevertheless, because of the potentially severe consequences of criminal conviction, judges at common law also sought proof of an intent to do some bad thing,

4320-690: The revival of Roman law in the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations of the distinction between criminal and civil law in European law from then until the present time. The first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The special notion of criminal penalty, at least concerning Europe, arose in Spanish Late Scholasticism (see Alfonso de Castro ), when

4392-407: The test was to decide what sort of conduct was incited, attempted or the subject of a conspiracy. If the evidence shows incitement in general terms, e.g. to rob a security van, this is always possible, whereas if the subsequent agreement relates to a specific but fictitious crime, there might be an acquittal. In DPP v Armstrong [2000] Crim LR 379, 1999 EWHC 270 (QB) it was held that impossibility of

SECTION 60

#1732766086388

4464-561: The theological notion of God's penalty (poena aeterna) that was inflicted solely for a guilty mind, became transfused into canon law first and, finally, to secular criminal law. Codifiers and architects of Early Modern criminal law were the German jurist Benedikt Carpzov (1595–1666), professor of law in Leipzig , and two Italians, the Roman judge and lawyer Prospero Farinacci (1544–1618) and

4536-416: The thirteen-year-old son of his partner in the 1980s, and was tried twenty years later on an indictment containing counts of sexual offences, including two counts of incitement to commit buggery . At that time, there was an irrebuttable presumption that a boy under the age of fourteen years was incapable of sexual intercourse (applying R v Waite (1892) 2 QBD 600–601 and R v Williams [1893] 1 QB 320–321). It

4608-463: The traffic or highway code. A murder , defined broadly, is an unlawful killing. Unlawful killing is probably the act most frequently targeted by the criminal law. In many jurisdictions , the crime of murder is divided into various gradations of severity, e.g., murder in the first degree , based on intent . Malice is a required element of murder. Manslaughter (Culpable Homicide in Scotland)

4680-432: The value to be placed on each. Many laws are enforced by threat of criminal punishment , and the range of the punishment varies with the jurisdiction. The scope of criminal law is too vast to catalog intelligently. Nevertheless, the following are some of the more typical aspects of criminal law. The criminal law generally prohibits undesirable acts . Thus, proof of a crime requires proof of some act. Scholars label this

4752-402: The woman solicited that, that is, the woman agent sent to collect the allowance, knew that the action she was asked to carry out amounted to an offence. In R v Whitehouse , a father was charged with inciting his fifteen-year-old daughter to have sexual intercourse with him. At this age, she would have been excused from liability for committing the offence of incest with her father. The conviction

4824-409: Was accompanied by an implied promise of reward". In Race Relations Board v Applin , Lord Denning stated that a person may incite another to do an act by threatening or by pressure, as well as by persuasion. The incitement can take any form (words or deeds). It may be addressed to a particular person or group or to the public at large. In R v Marlow [1997] Crim LR 897 the defendant wrote and published

4896-494: Was an English judge and barrister who served as a Law Lord until his retirement in 1986. He was described as an "outstanding judicial figure, entrusted with the most high-profile inquiries and marked by his integrity". Scarman was born in Streatham but grew up on the border of Sussex and Surrey . He won scholarships to Radley College and then Brasenose College, Oxford , where he read Classics, graduating in 1932 with

4968-593: Was argued by the Crown that, although the boy could not in law have committed the act incited, it was nevertheless quite possible for the defendant to incite him. Having considered R v Whitehouse and R v Pickford , the Court of Appeal felt obliged to reject that argument. As Laws J said in Pickford , "it is a necessary element of the element of incitement that the person incited must be capable [by which he meant capable as

5040-451: Was for the doctors to decide whether treatment was in the patient's best interest. It was reasonable for them to conclude that treatment was not in the patient's best interest, and should therefore be stopped, when there was no prospect of improvement. It has always been illegal to take active steps to cause or accelerate death, although in certain circumstances it was lawful to withhold life sustaining treatment, including feeding, without which

5112-399: Was quashed on appeal and Scarman LJ explained that: ... we have therefore come to the conclusion, with regret, that the indictment does not disclose an offence known to the law because it cannot be a crime on the part of this girl aged 15 to have sexual intercourse with her father, though it is of course a crime and a very serious crime, on the part of the father. There is here incitement to

5184-495: Was struck.[Note: The notion of transferred intent does not exist within Scots' Law. In Scotland, one would not be charged with assault due to transferred intent, but instead assault due to recklessness. Strict liability can be described as criminal or civil liability notwithstanding the lack of mens rea or intent by the defendant. Not all crimes require specific intent, and the threshold of culpability required may be reduced or demoted. For example, it might be sufficient to show that

#387612