DPP v Armstrong

DPP v Armstrong is a decision of the Queen's Bench Division of the English High Court of Justice dealing with incitement when the offence incited could be deemed "impossible" to complete, on the precise facts. It was ruled that this impossibility (and more specifically complete lack of means and/or intention by another person to complete the very specific offence incited) is irrelevant to the incitement itself and therefore a conviction is sustainable.

DPP v Armstrong
Held: to request an illegal item which does not exist in the hands of the intended vendor, but would be a severe offence to sell, amounts to incitement of an offence in the law of England and Wales.
CourtHigh Court of Justice (Queen's Bench Division)
Full case nameDirector of Public Prosecutions v Andrew Armstrong
Decided5 November 1999
Citation(s)1999 EWHC QB 270; 45 LS Gaz 32, 143 Sol Jo LB 279, [2000] Crim LR 379
Cases cited
  • R v Quail (1866) 4 F & F 1976
  • R v Fitzmaurice (1983) 76 Cr App R 17
Legislation citedCommon law
Case history
Prior action(s)None
Subsequent action(s)None
Court membership
Judge(s) sittingLord Justice Tuckey, Mr Justice Moses
Keywords
Incitement; impossibility to complete the offence
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