Criminal Liability -Theft and Fraud Essay Example | Topics and Well Written Essays - 2000 words

criminal Liability -Theft and Fraud - Essay ExampleThe British Criminal Code provides for a number of shipway to become involved in the commission of an offence by actually committing the offence, by aiding and abetting the principal, by pleasing wizself with others in a criminal activity with a common intention (Aquinas, 1988) (Ali was participant in Junaids activity), by counselling another to commit an offence and by being an accessory after the fact.In general, anyone who wittingly encourages or facilitates the commission of an nuisance or impedes its prevention is a party to the detestation (Aquinas, 1988). While one commonly uses the expression aiding and abetting, the two are different concepts and either of them is ample to engage criminal obligation. Whether liability for ones action lies through either concept, it must be accomplished for the purpose of aiding or abetting, which simply office intentionally as opposed to by accident. There is no need to show that the accused proclivity the misbranded end to occur. One who is indifferent to the fact that his action aids or abets the perpetrator of an offense is therefore guilty. The fact that the principal cannot be convicted is not a block to a successful prosecution of other parties.An attempt to commit an offense is alike prohibited.The acts do not have to be illegal or morally wrong.Conspiracy is an inchoate or preliminary crime, dating from the time of Edward, but ofttimes refined in the Court of Star Chamber in the 17th century. Notwithstanding its antiquity, the law of gang is still uncertain. It can, however, be said that the indictment for conspiracy is a formidable weapon in the inventory of the prosecutor. According to the cases, it permits a vague definition of the offense broader standards of admissibility of evidence apply it may provide the resolvent to prosecutorial problems as to situs and jurisdiction see Director of Public Prosecutions v. Doot, 1973 A.C. 807.These word s capture the reality of the conspiracy offense (Aquinas, 1988). The essence of the crime is the agreement between two or more somebodys to commit an offense. When the agreement is reached, a conspiracy is complete and one cannot withdraw from it. It is irrelevant that the object of the conspiracy is not achieved. A person may become part of a conspiracy by aiding or abetting the conspirators. The Supreme Court of Canada also decided that a conspiracy may be prosecuted in Canada even if the actual crime is commit in another country, as long as there is some important link with Canada.Essentially, larceny is committed when anything is fraudulently and without color of right taken or converted with a target to top without thereof the owner or person who has a special property or concern in it of the thing or his property or concern in it. The intent may be to unclothe the person of the property either temporarily or absolutely, although this is not the only proscribed intent.