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

Criminal Liability -Theft and Fraud - Essay Example The British Criminal Code provides for a number of ways to become involved in the commission of an offence: by actually committing the offence, by aiding and abetting the principal, by engaging oneself with others in a criminal activity with a common intention (Aquinas, 1988) (Ali was participant in Junaid's activity), by counselling another to commit an offence and by being an accessory after the fact. In general, anyone who knowingly encourages or facilitates the commission of an offense or impedes its prevention is a party to the offense (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 liability. Whether liability for one's action lies through either concept, it must be accomplished "for the purpose of" aiding or abetting, which simply means "intentionally" as opposed to by accident. There is no need to show that the accused desire the illegal 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 also 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 much refined in the Court of Star Chamber in the 17th century. Notwithstanding its antiquity, the law of conspiracy is still uncertain. It can, however, be said that the indictment for conspiracy is a formidable weapon in the armory 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 solution to prosecutorial problems as to situs and jurisdiction: see Director of Public Prosecutions v. Doot, [1973] A.C. 807." These words capture the reality of the conspiracy offense (Aquinas, 1988). The essence of the crime is the agreement between two or more persons 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 committed in another country, as long as there is some important link with Canada. Essentially, theft is committed when anything is fraudulently and without color of right taken or converted with a target to leave 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 deprive the person of the property either temporarily or absolutely, although this is not the only proscribed intent.