Incitee

Where an inciter incites an incitee to do an act which to the knowledge of the inciter would not be a crime on the part of the incitee on the ground that he has no mens rea but would be a crime on the part of the inciter, the latter is not guilty of contravening sec. 15(2)(b) of Act 27 of 1914.

However, if I urged hon. Members to run outside and rob a bank, I would be guilty of a criminal offence—at least, I would if parliamentary privilege did not apply—as I would be encouraging them to do something unlawful. That, simply, is the common law offence of incitement. / In that case, there is no doubt as to the jurisdiction of the courts. I, the inciter, and hon. Members, as—if I may use the word—incitees, are here present.

As a result, the closer the inciter’s relationship to the envisaged criminal act, the less stringent are the requirements with respect to the size of the group of incitees or the public nature of the incitement.