ABETMENT

Abetment is an incohate offence= mode of participation ( common intention

s.34 of PC)

- Degree of participation: how involved are the parties ( 2 or more people) in

the commision of the crime.

It is something which is serious, the greater danger. A threat of a group of

criminal is greater from that of a solo criminal. Less likely to abandon what
they have agreed to do, will follow through.

3. Chance of success.

Similarity= both concern with mode of participation

Distinction between abetment and common intention

Abetment (s.107)

(i)a specific offence. an offence in itself.

(ii) must prove mens rea + actus reus

(iii) do not have to prove presence at the time of commision of offence.

before commision of principal offence, abetment had ocurred (ex: instigation
of a theft). If the abettor ikut sekali when the commission of offence, upgrade
status as principal offender. (s.114)

Common intention (s.34)

(i) does not create an offence, merely a general explanation to joint or

criminal liability.

(ii) must prove pre-arranged plan, not mens rea. Must prove participation
(active/passive- Barendrar Kumar Ghosh) and presence,too.

S.114 of the PC

If absent = abettor,

If present = principal offender

s.107 of the PC

Q: What is "that thing"?

A: Will not

3 types of actus reus in abetment:

(i) instigate

( ii) conspiracy

(iii) aiding

mens rea in abetment:

carelessness is not the sufficient requirement for mens rea in abetment

intention or knowledge

(i) Abetment by instigation

PP must prove:

a) there was an instigation

def: incitement, stimulant, incentive, spur

* Raja Azlan Shah in Haji Abdul Ghani = active suggestion or stimulate

principal offender to act in any means which is direct or indirect words in the
force of his insinuations or encouragement. Word 'instigation' in s. 107 of PC
does not merely mean... even advice if it is intended or known by the
offender that it will be relied upon. Body language pun boleh masuk juga.

R v. Taylor (Judgement): The act of inciting someone to do a wrongful act.

One may abet the commission of an offence by encouraging , procuring
something for another to that wrongful act. Some active proceeding towards
the commisssion of the crime is necessary.

Abettor must play an ACTIVE role in encouraging the principal offender.

(ii) instigation must be communicated

When the parties are not in the presence of each other, using instantaneous
mode of communication can give instigation . By means of ordinary letter
guane pulok?

Isaac Paul Ratnam's case: