Kembaraxtra-Case Law- Criminal Law: Incitement

1. Definition and Elements

Incitement occurs when an individual encourages or persuades another person to commit a crime with the intent that the crime be committed.

Key Elements (from Marlow (1997)):

1. Encouragement/Persuasion: The words, taken as a whole, must amount to encouragement or persuasion to commit a crime.
2. Intent: The author of the words must have intended to encourage the commission of that crime.

2. Case Law Examples

2.1. Marlow (1997) CA

• Facts: The defendant (D) published a book detailing cannabis cultivation and production. Customers used this book to commit drug offenses.
• Holding: D was found guilty of incitement to commit drug offenses.
• Principle: This case established the two-part test for incitement outlined above (per Potter LJ).

2.2. CBS Songs Ltd v Amstrad (1988) (Obiter Dicta)

• Context: While primarily a civil case concerning tort and copyright infringement, Lord Templeman provided an illustrative example of incitement.
• Example: If a fourth person incites three others to break into a house and cause damage:
• The inciter is guilty of the criminal offense of inciting others to commit a crime.
• The three others are guilty of the crime of breaking in.

3. Key Takeaways

• Incitement focuses on the act of encouraging or persuading and the inciter's intent.
• The actual commission of the encouraged crime by the incited party is not a prerequisite for an incitement charge against the inciter, though it often occurs simultaneously.
• Incitement is a distinct criminal offense from the substantive crime itself.