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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice
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i have a question regarding the law. Context: Two people meet

Customer Question

i have a question regarding the law. Context: Two people meet online and start chatting and arrange that they will at some point in the future perform an illegal act together (e.g. Assault someone, rob a bank, etc). They briefly chat two weeks later. Since then (a year later) they are no longer in contact and one of the individuals was shocked that they said they would agree to do the illegal act (as the person was drunk at the time).This person no longer contacts this person (but has not stated they are not interested in the crime as they can't contact the individual anymore)
Would this still be classed as a crime (e.g. Conspiracy, attempt etc)? (Even though they are not in contact)
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.l
Sorry but which act do you think could be a crime here?
Customer: replied 2 years ago.
Is arranging to do something illegal if its an illegal act? but then one person withdraws and doesnt speak to other person again to tell them this? could this be classed as conspiracy offence even though they no longer talk to each other (but at one point in the distant past they said they would commit a crime together). i dont think ot is but wanted to check. thanks
Expert:  Jo C. replied 2 years ago.
Well, it depends. It depends what you have actually done.
Inciting another person to commit an offence is certainly an offence but you have to intend that they will carry out the act with criminal intent.
You can conspire with another person to commit a criminal offence.
The law of withdrawal from a conspiracy or joint enterprise is quite complicated but the case law is fairly clear that you have to express overtly your withdrawal in some way. That doesn't mean a verbal communication necessarily. It could be laying hands upon a person to prevent them committing the offence or interceding on behalf of the victim.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
context: If someome were to arrange to meet someone to view illegal pornography at some point in the future, but stopped speaking to the person.
Expert:  Jo C. replied 2 years ago.
Was there a specific date agreed?
Customer: replied 2 years ago.
no specific date no
Expert:  Jo C. replied 2 years ago.
That isn't enough for an attempted offence then.
It is possibly a conspiracy but it is not likely to be charged.