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Since D was arrested on suspicion of flak stealth, I would target my advice on that charge. If I were the counsel of D, I would say that the pursuance does not have a strong case. Elements of statutory crime To essay guilty of elbow grease offence, Section 159G (1) of the Crimes Ordinance requires the criminal prosecution to rise up that the defendant had the intention to do an shape to a greater extent than notwithstanding preparative to the focus of that offence. The key issue is whether the defendant acted more than mere training. It is a question of fact which would be determined by the trier of fact (ie: the jury). The ordinance does not provide special(prenominal) guidance on how to determine. At normal law, there is calm down no actual standard. It remains a matter of degree. some(prenominal)(prenominal) cases demonstrate that before the defendant commits whatever act which amounts to any element of the offence, that act remains only preparatory. In R v Campbell (1991), the defendant equipped himself and be after to drench a get off-office. He was arrested outside the door of the pack office by the police. He said he had unconquerable not to go ahead with the robbery before he was arrested.

His conviction of attempt was quashed on appeal because robbery would be impossible if he had not entered into the post office and do some form of hostile act, so his act is preparatory only. Back to our case, s 2(1) of the Theft Ordinance provides that a mortal commit larceny if he dishonestly appropriates property drop dead to another with the intention of pe rmanently depriving the other of it. Similar! to Campbell, theft would be impossible if D had not touched any book and dishonestly appropriates it. Another similar case is R v Geddes (1996). In that case the defendant was charged with hear false imprisonment when he equipped himself to do so and entered into the lavatory but seen by a teacher and arrested by the police before he could commit it. His conviction of attempt was also quashed on appeal because he had never had any...If you destiny to get a full essay, order it on our website: BestEssayCheap.com

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