|
Soliciting to murder is a statutory offence of incitement in England and Wales and Northern Ireland and the Republic of Ireland. In common parlance, the act of 'Soliciting to murder' may be thought of as 'hiring a hitman', though the word "hiring" is used loosely, and the act requires no financial transaction to qualify as such. Merely the intent to engage another in an act of murder qualifies as soliciting. ==England and Wales== This offence is created by section 4 of the Offences against the Person Act 1861 which reads: Textual amendments The words omitted at the beginning were repealed by sections 5(10)(a) and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977. The words omitted elsewhere were repealed by the Statute Law Revision Act 1892. The words "imprisonment for life" were substituted for the words from "be kept" to "years", on 8 September 1977,〔The Criminal Law Act 1977 (Commencement No. 1) Order 1977 (S.I. 1977/1365)〕 by section 5(10)(b) of the Criminal Law Act 1977. Case law The following cases are relevant: *R v Fox (1870) 19 WR 109 (Ir) *R v Banks (1873) 12 Cox 393 *R v Ransford (1874) 13 Cox 9, (1874) 3 LT 488, CCR *R v Most (1881) 7 QBD 244, (1881) 14 Cox 583, (1881) 45 JP 696〔In this case, the defendant published an article in a newspaper the gist of which was that the recent assassination of the Russian Tsar was wonderful news and was to be held up as an example to revolutionaries everwhere. He was convicted.〕 *R v Bourtzeff (1898) 127 CCC Sess Pap 284 *R v McCarthy () 2 IR 146 *R v Krause, 66 JP 121, 18 TLR 238 *R v Antonelli and Barberi (1905) 70 JP 4 *R v Shephard () 2 KB 125, 14 Cr App R 26, CCA Visiting forces Soliciting to murder is an offence against the person for the purposes of section 3 of the Visiting Forces Act 1952.〔The Visiting Forces Act 1952, section 3(6) and (Schedule ), paragraph 1(b)(i)〕 Mode of trial Soliciting to murder is an indictable-only offence.〔http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/soliciting_to_murder/〕 Sentence Soliciting to murder is punishable with imprisonment for life or for any shorter term.〔The Offences against the Person Act 1861, section 4 (as amended by section 5(10)(b) of the Criminal Law Act 1977).〕 See the (Crown Prosecution Service sentencing manual ). The following cases are relevant: *R v Raw (1983) 5 Cr App R (S) 229 *Houseley and Kibble () 15 Cr App R (S) 155 *R v Adamthwaite () 15 Cr App R (S) 241 *(Attorney-General's Reference No 43 of 1996 (Costaine) ) () 1 Cr App R (S) 378 *R v Robinson () 2 Cr App R (S) 13 *R v Montague () 1 Cr App R (S) 137 *R v Rai () 2 Cr App R (S) 13 *R v Saleem, Javad and Muhid () 2 Cr App R (S) 12 *(R v Hills ) () EWCA Crim 3152, () 2 Cr App R (S) 29 Orders on conviction As to violent offender orders, see section 98(3) of the Criminal Justice and Immigration Act 2008. History Initially, a person guilty of an offence under section 4 was liable on conviction to penal servitude for a term not more than ten and not less than three years or to be imprisoned for a term not exceeding two years, with or without hard labour.〔http://www.legislation.gov.uk/ukpga/Vict/24-25/100/crossheading/homicide/enacted〕 From 1948〔The Criminal Justice Act 1948, section 1(1)〕 to 8 September 1977, the maximum sentence was imprisonment for a term of ten years. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Soliciting to murder」の詳細全文を読む スポンサード リンク
|