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Joined: Apr 2009
Posts: 452
Smartchild
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OP
Smartchild
Joined: Apr 2009
Posts: 452 |
can someone help
with this,
if your are with someone who is commiting a crime, then are you breaking the law too?
its a question my daughter is struggling on for her school work,
she thinks yes, but we not 100% sure..
any help appreciatted, thanks
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Joined: Jun 2010
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i would have said yes but i am not 100% either
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Joined: Aug 2011
Posts: 820
Wise One
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Wise One
Joined: Aug 2011
Posts: 820 |
do you mean with them at the scene of the crime or in a relationship with them knowing they are commiting a crime?
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Joined: Apr 2009
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Smartchild
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Smartchild
Joined: Apr 2009
Posts: 452 |
do you mean with them at the scene of the crime or in a relationship with them knowing they are commiting a crime? actually there at the scene of where the crime is being commited..
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wouldn't that be aiding and abetting?
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Joined: Apr 2009
Posts: 452
Smartchild
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Smartchild
Joined: Apr 2009
Posts: 452 |
wouldn't that be aiding and abetting? not sure, its just asks would you be breaking the law if your with somebody while they are commiting a crime
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Wise One
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Wise One
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depends on the nature of the crime!!if your with someone and they punch someone in the face then they will be charged with GBH and there would be no charge because you didnt do anything but if you were with someone and they were comitting stealing a car then yes you prob would be charged with that!!!its a hard one but i would definatley say it depends on the nature of the crime!!hope this helps.
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Forum Master
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Forum Master
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It depends on the crime, and how in-depth you go depends what level their "school work" is at.
To commit a crime you must (normally) have to have Mens Rea (guilty/evil mind) in that you KNOW that are committing a crime, or at least, what you are doing is wrong (so obviously a 2 year old grabbing sweets in a shop isn't theft as they don't know the difference, but for someone older it could well be).
Some offences don't even need you to be WITH the person, for example, someone gets stopped driving a friends car, and they are dsqualified from driving, the person driving is guilty of the crime (driving whilst disqualified, no insurance), however their passengers are guilty of no offence, HOWEVER the OWNER of the vehicle, (even if not present), if they knew that their friend was using the car could still be guilty of allowing them to use it knowing they were disqualified, and it would be up to them to prove that either they didn't know, or that they took "reasonable" steps to check (the driver showed them a licence etc).
The part I think they are getting at is if two (or more) people set out to commit a crime, such as burglary. If two people break into a house, that is the crime, if whilst it is being done one of the burglars then assaults, or kills, someone on the premises, then both would be guilty of the higher offence (aggravated burglary or murder). If one of the people was waiting in the car outside at the time, he would STILL be guilty of the offence. His only defence would be that he didn't know that the other person was committing a burglary (his friend had asked him to give him a lift to someones house to collect something he had bought etc), obviously this would hold much more weight if it was a 4 in the afternoon rather than 4 in the morning.
If two people are walking along the road and one just decides to smash a window then if the other had no idea they were going to do this and it was completely unforseeable, no he has committed no offence, if he had any idea this was going to happen or he (for example) dared the other one to do it, then yes he is guilty.
If this all sounds complicated, it is, if it means that the answer is "sometimes", then it is, if this is why people with fancy solicitors get off with things they have done by quoting obscure cases, it is.
If you need any more help just pm me.
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Joined: Apr 2009
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Smartchild
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OP
Smartchild
Joined: Apr 2009
Posts: 452 |
It depends on the crime, and how in-depth you go depends what level their "school work" is at.
To commit a crime you must (normally) have to have Mens Rea (guilty/evil mind) in that you KNOW that are committing a crime, or at least, what you are doing is wrong (so obviously a 2 year old grabbing sweets in a shop isn't theft as they don't know the difference, but for someone older it could well be).
Some offences don't even need you to be WITH the person, for example, someone gets stopped driving a friends car, and they are dsqualified from driving, the person driving is guilty of the crime (driving whilst disqualified, no insurance), however their passengers are guilty of no offence, HOWEVER the OWNER of the vehicle, (even if not present), if they knew that their friend was using the car could still be guilty of allowing them to use it knowing they were disqualified, and it would be up to them to prove that either they didn't know, or that they took "reasonable" steps to check (the driver showed them a licence etc).
The part I think they are getting at is if two (or more) people set out to commit a crime, such as burglary. If two people break into a house, that is the crime, if whilst it is being done one of the burglars then assaults, or kills, someone on the premises, then both would be guilty of the higher offence (aggravated burglary or murder). If one of the people was waiting in the car outside at the time, he would STILL be guilty of the offence. His only defence would be that he didn't know that the other person was committing a burglary (his friend had asked him to give him a lift to someones house to collect something he had bought etc), obviously this would hold much more weight if it was a 4 in the afternoon rather than 4 in the morning.
If two people are walking along the road and one just decides to smash a window then if the other had no idea they were going to do this and it was completely unforseeable, no he has committed no offence, if he had any idea this was going to happen or he (for example) dared the other one to do it, then yes he is guilty.
If this all sounds complicated, it is, if it means that the answer is "sometimes", then it is, if this is why people with fancy solicitors get off with things they have done by quoting obscure cases, it is.
If you need any more help just pm me. that was great, helped her loads, thanks very much for the examples. appreciatted you taking the time.
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Isn't the Doc one smart bloke.
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Forum Master
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Forum Master
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that was great, helped her loads, thanks very much for the examples.
appreciatted you taking the time. No worries, hope it all makes sense for her, if she gets stuck just send me a pm and I'll try and help. No I won't do everyones homework 
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Newbeee
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Newbeee
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Smartchild
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Smartchild
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that was great, helped her loads, thanks very much for the examples.
appreciatted you taking the time. No worries, hope it all makes sense for her, if she gets stuck just send me a pm and I'll try and help. No I won't do everyones homework thanks 
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Isn't the Doc one smart bloke. yes he gets it from me 
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Newbeee
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Newbeee
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Quite simply put, aiding and abetting is assisting in the crime. So again quite simply put, being present is not committing a crime, you can probably answer that question with one word.
Kind regards,
Ian
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