Kembaraxtra-Case Law- Incitement/Solicitation to Commit an Offence-Case Summary: Higgins (1801)

• Facts: Defendant (D) solicited a servant to steal their master's goods.
• Holding: It is an indictable offence at common law to incite or solicit a person to commit any offence.

II. Key Principles from Higgins (1801)

1. Solicitation as an Act: Lord Kenyon CJ stated, "...is there is not an act done, when it is charged that the defendant solicited another to commit a felony? The solicitation is an act."

• This confirms that the act of soliciting itself constitutes an actionable offense.

1. Form of Incitement: D may incite by words as well as by acts.

• The method of incitement is not limited to physical actions; verbal encouragement or persuasion is sufficient.

III. General Concepts

• Definition: Incitement (or solicitation) involves encouraging, persuading, or commanding another person to commit a criminal offense.
• Nature of Offense: It is an inchoate (incomplete) offense, meaning it is punishable even if the substantive crime is never committed.
• Elements:
• Actus Reus: The act of soliciting, encouraging, or commanding.
• Mens Rea: Intent that the solicited person commit the offense.
• Common Law Basis: This offense originated and is recognized under common law.