DPP v Armstrong
Encyclopedia
DPP v Armstrong 1999 EWHC QB 270, 2000 Crim LR 379 is a decision of the English Queen's Bench Division of the High Court of Justice
dealing with incitement
when the offence incited is impossible, in the circumstances, of commission. It was ruled that this impossibility is irrelevant to the incitement itself and therefore a conviction is sustainable.
and referred him to a police officer acting undercover. Armstrong contacted the officer and arrangements were made for a transaction; he was later arrested and charged with inciting the officer to distribute indecent photographs of children contrary to common law
. In fact the police officer had no intention of providing Armstrong with child pornography.
and academic opinion, considered that neither implied a requirement to prove shared intention as contended by Armstrong. Turning to the authorities
, he further stated that there was nothing in either to imply such a requirement. Ruling that , the court rejected the defence of impossibility and the magistrates' ruling was quashed.
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
dealing with incitement
Incitement
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....
when the offence incited is impossible, in the circumstances, of commission. It was ruled that this impossibility is irrelevant to the incitement itself and therefore a conviction is sustainable.
Facts
A police informer received an approach from Armstrong seeking child pornographyChild pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
and referred him to a police officer acting undercover. Armstrong contacted the officer and arrangements were made for a transaction; he was later arrested and charged with inciting the officer to distribute indecent photographs of children contrary to common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. In fact the police officer had no intention of providing Armstrong with child pornography.
Argument
The case was heard by a stipendiary magistrate. It was argued before him that because Armstrong and the officer lacked a shared intention to commit an offence, Armstrong should be acquitted. He was referred to the cases of R v Shaw 1994 Crim LR 365 and R v Curr 1968 2 QB 944, 1967 51 Cr App R 113 and ruled that on these authorities, the lack of an intention by the police officer to supply child pornography was fatal to the prosecution case, and acquitted. The prosecutor appealed.Decision
Lord Justice Tuckey, having reviewed the common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and academic opinion, considered that neither implied a requirement to prove shared intention as contended by Armstrong. Turning to the authorities
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
, he further stated that there was nothing in either to imply such a requirement. Ruling that , the court rejected the defence of impossibility and the magistrates' ruling was quashed.