7. Parties

Question 1

Who is a principal offender?

Answer 1

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

Question 2

When are two defendants both considered to be principal offenders?

Answer 2

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

Question 3

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

Answer 3

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

Question 4

What are the four ways in which accessorial liability can arise?

Answer 4

1. Aid
2. Abet
3. Counsel
4. Procure

Question 5

What is abetting?

Answer 5

Encouraging or inciting an offence at the time of the crime

An accomplice may be found to have abetted a crime by either words or actions. The accused may shout specific words of encouragement, for example ‘Kick him!’ while a victim is being assaulted, or use gestures, such as miming the action of a punch or even giving a thumbs up.

Question 6

What is Aiding?

Answer 6

The word ‘aiding’ suggests helping, assisting or supporting the principal in some way to enable them to commit the offence.

Question 7

What is counselling?

Answer 7

Counselling involves instigating, soliciting, encouraging, or £even threatening, the principal* to commit the offence.

Counselling occurs at some stage before the offence.

Question 8

What is procuring?

Answer 8

The accused sets out to achieve a particular state of affairs and takes appropriate steps to bring about that offence.

An accused who secretly adds alcohol to their friend’s drink, knowing that the friend would shortly be driving home, procures the offence of driving with excess alcohol contrary to s 5 of the RTA 1988. By ‘spiking’ the drink, the defendant puts the principal off ender in a position whereby they commit an offence they would not otherwise have done.

Question 9

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

Answer 9

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

Question 10

Overview: Overview when the actus reus of an accomplice occurs.

Answer 10