By Routledge, Routledge-Cavendish
Cavendish LawCards are whole, pocket-sized courses to key examinable parts of the legislation for either undergraduate and PGDL classes. Their concise textual content, uncomplicated structure and compact layout make Cavendish LawCards the suitable revision relief for deciding on, figuring out, and committing to reminiscence the salient issues of every zone of legislations.
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Extra resources for Cavendish: Criminal Lawcards
In Tosti (1977), the two accused had provided themselves with oxyacetylene equipment, driven to the scene of a planned burglary, concealed the equipment in a hedge, approached the door of a barn and examined the padlock on 34 2 Inchoate offences and participation it. They then became aware that they were being watched and ran off. They were convicted of attempted burglary and their subsequent appeal was dismissed. The distinction between Geddes and Tosti is that, in the former case, the evidence did not show that the defendant had made contact with a victim (that is, a child to imprison), whereas, in the latter, the accused had made contact with a target (that is, the barn to burgle).
The following section details only the major new statutory developments, taking account of previous authorities only where it is clear that they will continue to have effect. (1) Rape The offence of rape is defined in s 1 of the Sexual Offences Act (SOA) 2003. Actus reus The offence of rape can only be committed by a man as a principal offender (a woman or a man can be an accomplice to rape). It is an offence for a man to rape a woman or a man. The actus reus of the offence requires evidence of penile penetration of vagina, anus or mouth.
Generally, liability as an accessory can arise in relation to any offence. ’ Therefore the distinction between an accessory and a principal offender is of little importance in many cases. 36 2 Inchoate offences and participation Definition of accessorial liability: actus reus In practice, the phrase ‘aid, abet, counsel or procure’ is commonly used as a whole without defining which of the four constituent words correctly encapsulates the defendant’s conduct. However certain authorities have attempted to isolate the precise meanings of the words.