James hires Felix to kill his wife, Tracy. James arranges to be out of the country at the time of the killing. Felix was attempting to con James, and never intended to kill Tracy. D1 and D2: James and Felix Offence: Conspiracy to murder James and Felix may be liable for Conspiracy to commit murder under s.1 of the Crimi- nal Law Act 1977. The actus reus (AR) of conspiracy is an agreement between two or more people, which, if carried out in accordance with their intentions, will result in the commission of a crime by at least one party to the agreement (s.1(1)(a)). The mens rea (MR) is in- tention of the parties to carry out their agreement, and intention / knowledge that facts or circumstances necessary for the offence will exist at the time of the offence (s.1(2) CLA 1977). James and Felix explicitly agree that Felix will commit murder in return for James' pay- ment. This is a solid agreement that is unequivocally criminal, satisfying the AR re- quirements of conspiracy. However, Anderson states intention is satisfied if the defendant agreed to a criminal project and intended to play his part. Felix never intended to commit murder, instead scamming James. Thus, there is no intention to carry out the agreement, and the MR is not satisfied. James and Felix are not liable for conspiracy to murder. D1: James Offence: Encouraging or Assisting Crime James may be guilty of encouraging or assisting crime under the Serious Crime Act (SCA) 2007. S.44 James may be liable under s44. The AR of s44 is doing an act that is capable of en- couraging / assisting the commission of an offence (s.44(1)(a)). The MR is intention to do the act and intention to encourage / assist the commission of the offence (s.44(1) (b)) James hires Felix to kill his wife, Tracy. By providing a financial incentive to commit the crime of murder, it is clear this act is capable of encouraging or assisting Felix to do so. James fulfils the AR requirement. On the facts, it is clear that James intended to encourage / assist in the commission of Tracy's murder. He pays Felix to do so, intending that the money will persuade him to carry out the offence. Therefore, the MR elements of s.44 are fulfilled and James is li- able.