11 Complicity Flashcards
Who is the principal and who is the accomplice/accessory?
- The principal is the person whose act creates the actus reus of the offence
- The accomplice is the person who aids, abets, counsels or procures the principal in the commission of the offence
When are the 2 defendants joint principals?
-i.e. when both stab the victim and the cumulative result is that they die - concurrent causes
What happens when it is unclear who dealt the fatal blow?
-They are both guilty of murder - Giannetto [1997]
What is an innocent agent?
-Somebody who is unaware of the criminal nature of the act - i.e. in Michael [1840]
What is aiding?
- Helping or assisting i.e. through providing equipment or a weapon - Bryce [2004]
- Assistance does not need to come at the time of the offence - Stringer [2011]
What is abetting?
-Encouragement at the time of the offence
What is counselling?
-Encouraging, inciting or instigating the offence
What is procuring?
-The accomplice caused the principal to commit the offence
What is joint enterprise?
- Where 2 or more people embark on the commission of a criminal offence and one of them goes on to commit a further offence
- i.e. Victoria station 2010
What is the mens rea for the accomplice?
- He realised that his act could assist the principal and that he intended to assist them
- He foresaw that there was a real possibility of the principal committing the crime he did
What is the test from Powell & English?
- The defendant accomplice foresaw that the principal might go on to commit the offence
- The act of the principal must be foreseen
- The accomplice is liable if the principal does an act of the kind intended or foreseen by the accomplice
When is the accomplice not liable?
- When the principal does an act which is fundamentally different from that they foresaw i.e. using a different weapon like the knife in English or Rahman [2008]
- If the accomplice knew the principal had a weapon on him then he is deemed to foresee that the principal will use that weapon
Is a person liable for selling a weapon?
-they may be under aiding and abetting
Can a party withdraw from a joint enterprise?
- Yes, as long as the withdrawal takes place before the commission of the offence
- The withdrawal must be clear and unequivocal notice - Becerra [1975]