R v Sadique [2013] EWCA Crim 1150

Facts

  • The Serious Crime Act 2007 redefined liability for assisting or encouraging crime through Sections 45 and 46.
  • In R v Sadique, the defendant supplied agents used to dilute drugs, with the awareness these could be used for processing illegal substances.
  • It was uncertain which specific drug offences would be committed, but the defendant knew the agents would be used for illicit purposes.
  • The case required consideration of whether knowledge of the precise offence was needed for liability under Section 46.

Issues

  1. Whether Section 46 of the Serious Crime Act 2007 requires proof that the defendant knew exactly which offence from a category would be committed.
  2. How the mental state requirements differ between Section 45 (specific offence) and Section 46 (potential multiple offences).
  3. The extent to which general awareness and intention to assist crime are sufficient for conviction under these provisions.

Decision

  • The Court of Appeal held that under Section 46, it is not necessary to prove the defendant knew exactly which offence would be committed from within a category.
  • It was sufficient that the defendant was aware their actions would assist drug offences generally.
  • The court clarified that Section 46 focuses on the defendant’s awareness their conduct might assist crime, rather than precise identification of the offence.
  • The decision highlighted the broader applicability of Section 46 compared to Section 45.

Legal Principles

  • Section 45 applies when a defendant expects and intends to enable a specific offence.
  • Section 46 extends liability to situations where a defendant considers one of a category of offences might be committed and acts with intent to assist.
  • Under Section 46, general awareness of how actions could assist crime, rather than specific knowledge of the exact offence, suffices for liability.
  • The mental state required is intent to assist, not motive or desire for the offence's commission.

Conclusion

R v Sadique clarified that under the Serious Crime Act 2007, liability for assisting crime can arise from general awareness that actions might enable offences, not just from specific knowledge of intended crimes. Sections 45 and 46 offer distinct but supplementary methods for prosecuting those who assist criminal conduct, with Section 46 allowing broader application where offenders facilitate categories of crime without knowing precise details.

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