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6.3.2 - Checklist: Incitement (Victoria)

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Two elements the prosecution must prove beyond reasonable doubt:

  1. The accused incited a person to commit the principal offence; and
  2. The accused intended the principal offence to be committed.

    Incitement

1. Did the accused incite a person to commit the principal offence?

Consider – "Inciting" an offence includes commanding, requesting, proposing, advising, encouraging or authorising it.

Consider – The incitement does not need to have been successful.

If Yes, then go to Question 2

If No, then the accused is not guilty of
incitement to commit the principal offence

Intention

2. Did the accused intend the principal offence to be committed?

If Yes, then the accused is guilty of
incitement to commit the principal offence
(as long as you have also answered Yes to question 1)

If No, then the accused is not guilty of
incitement to commit the principal offence

 

Last updated: 14 November 2008

See Also

6.3 - Incitement (Victoria)

6.3.1 - Charge: Incitement (Victoria)