A instigates B to murder C, B refused to do so A is______________?
Correct answer: C. Guilty of abetting B to commit murder
- A. Not guilty of abetting B to commit murder
- B. Criminal instigation
- C. Guilty of abetting B to commit murder
- D. None of these
Explanation
Abetment by instigation can be complete even when the person instigated refuses to commit the offence; the actual murder need not occur for the abetment to arise. Thus, A is guilty of abetting B to commit murder, subject to the applicable punishment provisions for unsuccessful abetment.
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Criminal law identifies offences against the state, persons and property, and explains the requirements of actus reus and mens rea for establishing liability. It also covers stages of crime, abetment, attempt, joint and common intention, general exceptions, criminal responsibility and punishments, distinguishing substantive offences from criminal procedure.
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