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 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 scene of the crime

Question 6

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

Answer 6

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