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    Abet Conspira

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    The document discusses abetment and criminal conspiracy under Malaysian criminal law. It defines abetment and the different ways it can occur through instigation, conspiracy or intentional aid. It also defines criminal conspiracy and the requirements for the actus reus and mens rea of conspiracy.

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    Abet Conspira

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    73 views5 pages
    The document discusses abetment and criminal conspiracy under Malaysian criminal law. It defines abetment and the different ways it can occur through instigation, conspiracy or intentional aid. It also defines criminal conspiracy and the requirements for the actus reus and mens rea of conspiracy.

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    The document discusses abetment and criminal conspiracy under Malaysian criminal law. It defines abetment and the different ways it can occur through instigation, conspiracy or intentional aid. It also defines criminal conspiracy and the requirements for the actus reus and mens rea of conspiracy.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    73 views5 pages

    Abet Conspira

    Uploaded by

    alibaba
    The document discusses abetment and criminal conspiracy under Malaysian criminal law. It defines abetment and the different ways it can occur through instigation, conspiracy or intentional aid. It also defines criminal conspiracy and the requirements for the actus reus and mens rea of conspiracy.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    lOMoARcPSD|4006380

    17 Abetment & Conspiracy

    Criminal Law I (Universiti Malaya)

    StuDocu is not sponsored or endorsed by any college or university


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    lOMoARcPSD|4006380

    ABETMENT
     Involves complicity of abettor towards commission of offence, but it may not
    necessarily involve actual commission of crime abetted
     Liability is imposed because of abettor’s complicity in bringing about the crime
    through his support, encouragement & participation
     S107
    A person abets the doing of a thing who
    (a) Instigates any person to do that thing
    (aa) commands any person to do that thing
    (b) Engages with 1 / more other person in any conspiracy for doing of that thing,
    if an act / illegal omission takes place in pursuance of that conspiracy
    (c) Intentionally aids the doing of that thing by act / illegal omission
     S108
    Abettor  person who abets commission of offence / act which would be offence

    1. ACTUS REUS
    (a) BY INSTIGATION
     Consists of acts which amount to active suggestion / support / stimulation for
    commission of main act / offence (PP v Datuk Haji Harun bin Idris & Ors)
     By wilful representation / concealment of material fact which he is bound to
    disclose, voluntarily causes / procures a thing to be done  instigate the doing of
    that thing
     Actus reus of abetment by instigation is complete as soon as abettor has instigated
    person abetted to commit crime whether he consents or not
     Offence depends on mens rea / intention of abettor, not knowledge of person
    abetted
     Not necessary that person abetted should have same guilty intention /
    knowledge as abettor
     Must refer directly to the thing done & not to the thing that was likely to have been
    done by person instigated

    Haji Abdul Ghani bin Ishak & Anor v PP


     ‘instigate’ does not merely mean placing temptation to do forbidden thing but
    actively stimulating a person to do it
     Must show that abettor actively suggested / stimulated principal offender to
    the act by any means

    PP v Datuk Haji Harun bin Idris & Ors


     Advice can also become instigation if that advice was meant to actively suggest /
    stimulate commission of offence

    Issac Paul Ratnam v The Law Society of Singapore


     A Singapore lawyer was charged with abetment by instigating dishonest / fraudulent
    removal / concealment of property. He sent a letter to general manager of
    company’s branch office in KL to dishonestly remove cars & other movable property
    of company.
     Offence was committed when A handed letter to general manager in KL

    CHONG JIA WEI LIA160020 1

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    lOMoARcPSD|4006380

    (b) BY CONSPIRACY
     Some further act is required to be done in pursuance of conspiracy
     Elements
    1. Engagement with 1 / more persons in a conspiracy
    2. Conspiracy must be for the doing of the thing abetted
    3. An act / illegal omission takes place in pursuance of conspiracy
     Requires knowledge of abettor that he is engaged in conspiracy to do a thing by an
    act / illegal omission
     Not necessary all co-conspirators should be equally informed as to details of
    conspiracy but they must be aware of general purpose of the plot & it was unlawful

    PP v Datuk Haji Harun bin Idris & Ors


     Abetment by conspiracy consists in combination & agreement of persons to do some
    illegal act  to effect some illegal purpose by illegal means

    (c) BY INTENTIONAL AID


     Takes place when a person by commission of an act intends to facilitate commission
    of offence & does facilitate the commission of an offence
    (PP v Datuk Haji Harun bin Idris & Ors)
     There must be positive act of assistance voluntarily done by person with knowledge
    of circumstances constituting offence
     There must be evidence to show that by some act done by abettor, he had intended
    to aid / facilitate commission of principal offence
     Aiding must occur prior to / at the time of commission of an act
     Involves active complicity of abettor prior to actual commission of offence
     Abettor should substantially assist principal culprit towards commission of offence

    National Coal Board v Gamble


     Must prove abettor has intention to aid & he has known circumstances constituting
    crime at the time he voluntarily does a positive act of assistance
    Abdul Rahim Hassan & Anor v PP
     A2 was held to have abetted by intentionally aiding A1 to commit offences by
    delievering 3 letters to Jabatan Pengangkutan Jalan which led to their deception &
    commission of the said offences

    PP v Tee Tean Siong & 8 Ors


     Mere attendance as spectators at the exhibition of pornographic films cannot
    amount to abetment

    Ooi Juan Seng v PP


     Act done after offence complete which might help offender not amount to abetment

    CHONG JIA WEI LIA160020 2

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    lOMoARcPSD|4006380

    2. MENS REA
     Abettor must have intention to aid & have known of circumstances constituting the
    crime at the time when he voluntarily did positive act of abetment
     If abettor does not know what he is aiding is towards commission of offence, he is
    not liable as abettor

    Ramabatar Agarwalla v The State


     Mere giving of aid will not make act an abetment if he did not know / had no reason
    to believe that offence was being committed / contemplated

    CRIMINAL CONSPIRACY
     A number of persons have joined together to carry out their illegal purpose
     S120A
    Criminal conspiracy  when 2 / more persons agree to do / cause to be done
    (a) An illegal act
    (b) An act, which is not illegal, by illegal means

    1. ACTUS REUS
     Essence of the offence is agreement to break the law
     There must be meeting of minds in performance of illegal act / carrying out
    legal act by illegal means

    (a) ILLEGAL ACT S120A(a)


     Offence of conspiracy is complete when 2 / more conspirators have agreed to do /
    cause to be done an illegal act, which is itself an offence though it has not been done
     Agreement to do illegal act which amounts to conspiracy will continue as long as
     Members of conspiracy remain in agreement
     They are acting in accord & in furtherance of the object of their agreement

    EG Barsay v The State of Bombay


     It is not an ingredient of offence that all persons should agree to do a single act
     It may comprise commission of a number of acts

    Yash Pal Mittal v State of Punjab


     The very agreement, concert / league is ingredient of the offence
     Not necessary all conspirators must know each & every detail of conspiracy
     As long as they are co-conspirators in main object of conspiracy

    (b) NON-ILLEGAL ACT BY ILLEGAL MEANS S120A(b)


     Agreement to commit non-criminal illegal act / legal act by illegal means, coupled
    with an act by 1 / more parties pursuant to agreement

    Marija Balayya v State of Orissa

    CHONG JIA WEI LIA160020 3

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    lOMoARcPSD|4006380

     Under S120A(b), besides agreement, there must be some act done by 1 / more party
    to such agreement in pursuance of conspiracy to constitute an offence
    2. MENS REA
     There must be unity of object / purpose
     Reflected in intention of parties that agreement is carried out
     At the time of agreement, each conspirator should intend that the crime be
    committed & he would fulfil his role in their agreement, even if that role is no more
    than agreeing that crime is committed by another (Yash Pal Mittal v State of Punjab)
     Parties need not be in direct communication with each other
     But decision must have been communicated between parties

    R v Chew Chong Jin


     Accused who was charged with abetting by conspiracy in illegal importation of gold
    into Singapore, claimed that he was not a conspirator but a mere worker.
     He was one of the conspirator as it was not possible for illegal importers to pass so
    much gold to a worker unless to a trusted hands

    CHONG JIA WEI LIA160020 4

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