Homicide (Murder) Conspiracy, Incitement

i'm new to this site, so don't fully understand what too do lol!

hi too everyone, my name is Emma =)

I have a Criminal Law practice exam coming up...and im rather confused on some bits...i shall show you..

Jennifer and Keith have been married for twenty years but Jennifer has been having an affair with Eddie, a man thirty-years younger than Keith. She leaves Keith saying, “You’re old, you’re fat and you’re ugly. Why wouldn’t I leave you?” Keith is furious.

After two days he contacts Joe, a person he was put in touch with by a friend. Joe agrees to kill Jennifer for the sum of £15,000. Keith is supposed to pay half up front but does not do so. However Joe decides to continue with the plan as he believes Keith will pay upon completion.

Joe knows that Jennifer travels on the same road to work each day in her silver Mercedes car. Joe plants a bomb next to the road. He sees a silver Mercedes travel down the road at the right time and presses the detonator. The bomb does not go off but some smoke emits from the box housing the bomb. Joe runs off. About ten minutes later Tracey stops at the roadside to see what the smoke is. She kicks at the box to see what it is and the bomb explodes, killing her instantly.

Joe decides he has to be more direct. Two days later he sees Jennifer leaving her gym. He follows her down a side-alley and he pulls out a gun and shoots at her. The gun misfires. He then pulls out a knife and stabs Jennifer. Joe believes that Jennifer is dead and drives to a high bridge. He throws her over the bridge believing the water will carry the body away. In fact, Jennifer was still alive at this point but she is unable to swim and dies as a result of drowning.

Joe contacts Keith and explains that Jennifer is dead. He refuses to pay any of the money so Joe contacts the police and explains what has happened.

Discuss the criminal liability, if any, of Joe and Keith.


I understand that there is a conspiracy too commit homicide (murder) in this case, but im rather confused on the fact that i've read somewhere that under the 1977 act Keith is a secondary party and could be prosecuted under the common-law of aid, abet and procure - but would be not guilty of conspiracy to murder....

But then i learnt from my Tutorial teachers that he WOULD be commited... im rather confused.

Another thing im rather confused on is the fact that Keith has incited Joe too commit an offence (murder in this case) but conspiring too incite: s5 (7) of the criminal law act 1977 says that this has been abolished....so is he not guilty of incite?

The more i think about everything the more confused i get!

Thank you for taking the time too read this and for all the help you can give me.

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Quoting queensball

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I understand that there is a conspiracy too commit homicide (murder) in this case, but im rather confused on the fact that i've read somewhere that under the 1977 act Keith is a secondary party and could be prosecuted under the common-law of aid, abet and procure - but would be not guilty of conspiracy to murder....

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Your price of £15,000 indicates a foreign country. Criminal laws/case law, may or may not be similar here in the United States. Are you in England or an Aussie?

What is this 1977 act; s5 (7).??

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Quoting BOR

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Your price of £15,000 indicates a foreign country. Criminal laws/case law, may or may not be similar here in the United States. Are you in England or an Aussie?

What is this 1977 act; s5 (7).??

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im actually from England...the 1977 act is s 1 (1) of the Criminal Law Act 1977 about conspiracy :)

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Quoting queensball

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im actually from England...the 1977 act is s 1 (1) of the Criminal Law Act 1977 about conspiracy :)

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You'd have to post it for anyone to make a comparison with thier state laws.

Joe and Kieth's conduct could fall under a few statute's here in the states, it depends on how they are worded; Conspiracy, Complicity (Accomplice), Accessory, Murder for hire on Kieth's part. Here are some FEDERAL laws on Murder. These laws require a "federal" element, such as Interstate commerce etc., but to give a wide range of examples. State laws may be generally similar.

Murder

Conspiracy to murder

Murder for hire