Engaging or Assisting Crime - Serious Crime Act

• Complicity, the levels of the mens rea depends on s44, s45, s46
• s.44 – intentionally encourage assisting offence
• AR: An Act capable of encouraging or assisting an offence
• Irrelevant whether D’s conduct actually assisted/encouraged another. - s44
• Irrelevant whether P became aware of D’s assist/encouragement. - s44
• D’s conduct may target one or the world   Parr-Moore (2003) - s44
• s44 MR- Intention to encourage/assist
• s44 - D must intend for his conduct to encourage/assist the full offence.
• S.44(2): indirect intention or foresight are not sufficient.
• State of mind: D believed (or was reckless as to whether) P has the necessary MR for the offence; or D himself had the MR for the offence. - s44
• D believed (or was reckless as to whether) circumstances required for the AR of the offence exist. - s44
• S.65(1): encouraging may be by persuasion or threats.

  Assist need not be substantive; providing guidance suffices (s44)
• S.45 Encouraging/assisting an offence believing it will be continued
• State of mind- D believed (or was reckless as to whether) P has the necessary MR for the offence; or D himself had the MR for the offence. (s45)
• D believed (or was reckless as to whether) circumstances required for the AR of the offence exist (s45)
• Belief that his conduct will be encourage or assist the offence (s45)
• D must believe that the offence will be committed; a belief that it might be committed if not sufficient Walting (s45)
• There is no need to prove the intention, belief is sufficient. (s45)
• Belief that the offence will be committed (s45)
• s55 AR:An Act capable of encouraging assisting an offence
• s46 AR: An Act capable of encouraging assisting an offence
• S.46(1) – D does an act capable of encouraging or assisting the commission of one or more of a number of offences; and D believes that one or more of those offences will be committed (but has no belief as to which); and D believes that his act will encourage/assist one or more of them.
• s.46 – Encouraging/assisting offences believing one or more will be committed
• s 46 MR: Belief that one or more of the offences will be committed Belief that one or more o the offences will be committed.
• State of mind: D believed (or was reckless as to whether) P has the necessary MR for the offence; or D himself had the MR for the offence.
• D believed (or was reckless as to whether) circumstances required for the AR of the offence exist. (s46)
• State of mind: D believed (or was reckless as to whether) P has the necessary MR for the offence; or D himself had the MR for the offence. (s46)
• Belief that his conduct will be encouraged/assist on of more of them (s46)