5.4 Accomplice Liability and Attempted Acts Flashcards
*What is the AR for Accomplice Liability?
1) Person aids, abets, counsels or procures the commission of any indictable principal offence
[AACP: aids, abets, counsels, procures]
2) Must be an INDICTABLE offence
[indictable]
*What is the MR for Accomplice Liability?
1) Intentional act and intention to help the principal commit the offence
[intention]
2) Knowledge of the circumstances
[knowledge of circumstances]
3) Knowledge that the act was capable of assisting or encouraging
[knowledge that act was assisting/encouraging]
*What should be noted about the MR for accomplice liability?
*MR requires both:
1) intent in relation to the act and its consequences and
2) a degree of knowledge that what was being assisted would be a criminal offence.
*What is the AR for attempted crime?
Attempting to commit a criminal offence:
1) Person does an act which is more than merely preparatory to the commission of the offence
[more than merely preparatory]
2) Must be an indictable offence [indictable]
3) Liable even if the commission of the offence is impossible
[liable even if there is impossibility]
*What is the MR for attempted crime?
1) Intention as to any actions or consequences that are part of the AR
[intention for AR]
2) Intention as to any ulterior MR elements
[intention for ulterior MR]
3) Knowledge or recklessness as to any circumstances that are part of the AR
[knowledge / recklessness for AR]
Who is the ‘principal’ for an actual offence?
The person who performs the actus reus (AR)
Who is the ‘accessory or accomplice’ for an actual offence?
Anyone who engages with the offence in a less direct manner
Can more than one principal commit a crime?
Yes. An offence can be jointly committed by more than one principal, so long as they each have the AR and MR of the principal crime.
What is the rule behind a principal’s liability when there is an innocent agent involved?
A person can be guilty as a principal if they cause an innocent agent to carry out the AR on their behalf (and they have the MR)
When will someone be charged with accessory liability?
If they encourage or assist the commission of the principal offence, INTENDING to provide encouragement or assistance and with AWARENESS of the circumstances that will make their encouragement and assistance criminal.
What is the rule for liability in a joint enterprise?
If D is part of a joint enterprise with another person who commits an offence additional to the core purpose, D can be guilty as an accessory if they intentionally encouraged or assisted that person to commit that additional offence as part of the joint enterprise
When will a person be guilty of attempted crime?
A defendant who does not complete an offence can be guilty of an attempt if their acts were more than merely preparatory to complete that act and they intended to complete the full offence.
What should be determined for someone to be guilty of attempt?
The defendant either needs to know or to be reckless as to the relevant circumstances that make it a criminal offence, but the law is unclear on this point
Can a person be guilty of attempting an offence even if it was impossible for them to succeed?
Yes.
