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 is accessorial liability?

Answer 4

Where a party assists in the commission of an offence. They will be charged as a principal offender.

Question 5

What are the ways in which accessorial liability can arise?

Answer 5

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

Question 6

What is abetting?

Answer 6

Encouraging or inciting an offence at the scene of the crime

Question 7

What is aiding?

Answer 7

Providing help/ assistance at the scene of offence and at the time of offence

Question 8

What is counselling?

Answer 8

Advise/ soliciting/ encourage a crime usually beforehand (not at scene of crime). There doesn’t need to be a causal link between the encouraging and commission of the offence.

Question 9

What is procuring?

Answer 9

producing an offence by endeavour (eg providing the materials required)

Question 10

What is the doctrine of joint enterprise?

Answer 10

Parties can be liable if they agree to commit one offence with the principal as co-principals but during the course of the commission of an offence the principal goes on to commit a different offence.

Under joint enterprise the other party could be liable for this new offence if they satisfy the mens rea requirement

Question 11

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

Answer 11

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

Question 12

Under the doctrine of joint enterprise, is it enough for the secondary party to foresee that the def might commit the crime?

Answer 12

No- to be liable, they must intend that the principal will commit the crime

Question 13

What is the mens rea for aiding, abetting, procuring, counselling or being joint enterprise?

Answer 13

1. The participant must intend to assist or encourage in the principal’s commission of the crime.
2. if the crime has a MR then they must intend that PO has the MR & AR
3. knowledge of the facts (e.g. that goods were stolen or there was no consent)