7. Parties Flashcards

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1
Q

Who is a principal offender?

A

Person who commits the actus reus and has the relevant mens rea at the same time

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2
Q

When are two defendants both considered to be principal offenders?

A

If they act together for a common purpose, in committing the act

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3
Q

What is an innocent agent situation, and who is liable?

A

Where a defendant asks another do something the defendant knows will amount to an offence, but the other person is unaware, defendant can still be guilty as a principal

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4
Q

What are the ways in which accessorial liability can arise?

A
  1. Aid
  2. Abet
  3. Counsel
  4. Procure
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5
Q

What is abetting?

A

Encouraging or inciting an offence at the scene of the crime

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6
Q

Under the doctrine of joint enterprise, when might a secondary participant in a crime be treated as a principal?

A

When the secondary participant assists or encourages the commission of a crime and intends that the crime be committed

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