Intentionally encouraging an offence

 

D** faces a count of intentionally encouraging X** to commit murder.

 

You can see what the prosecution have to prove by looking at the “Particulars of Offence” on the indictment.

 

 

did an act … capable of encouraging  the commission of an offence

 

Shouting words to the effect of “get him” and “kill him” may amount to doing an act capable of encouraging  the commission of an offence

 

 

intending to encourage its commission

 

In relation to this count or charge, what matters is what was in D**’s mind, not X**’s mind.

 

You can only decide what her intention was by considering all the relevant circumstances and in particular what she did and what she said.

 

 

The prosecution case is that  …

 

D** denies this.  … …

 

 

So, the key questions for you to answer in relation to Count *, having regard to all the evidence and the directions which I give you, are these

 

 

1.         Are you sure that D** shouted words to the effect of “Get him” and “Kill him”?

 

2.         Are you sure that, if she said those words, she intended to encourage X** to kill C**?

 

 

If the answer to both questions is “yes”, she is guilty of Count *.

 

However, if the answer to either question is no, she is not guilty of Count *.