Solicitors Qualifying Examination (SQE) Practice Exa\

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What is the primary role of abetting in criminal law?

Encouraging during the commission of an offence with a mental link

The primary role of abetting in criminal law is to involve encouraging or assisting another person in the commission of an offense. This encompasses providing support or motivation during the perpetration of a crime, which establishes a mental link between the abettor and the primary offender.

In other words, abetting is not merely about being present at the scene or having a passive role; it is an active participation where the abettor helps instill the determination or intent in the other party to carry out the crime. The law recognizes that even if one does not commit the crime directly, their encouragement, whether verbal or through actions, can be essential to the commission of the offense.

This differs from other roles in criminal participation, such as planning the crime beforehand, which can fall under conspiracy rather than abetting, or providing funds, which might be viewed as aiding or financing the crime without necessarily encouraging its execution. Ignoring a crime as it happens does not constitute abetting, as it implies a lack of engagement or support. Thus, the essence of abetting lies in the active encouragement during the offense itself.

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Planning the crime before it occurs

Providing funds for the crime

Ignoring the crime happening

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