Accessoirs And Incholatr Offences

Question 0

Accomplices

Accessories and Abettors Act 1861 s 8

Case law

Answer 0

1. R v Clarkson
   Soldiers entering room where rape happens. Test for conviction:
   a. Presence of D at the scene of crime actually encouraged its commission.
   b. intention to offer such encouragement
2. R v Calhaem
   It has not to be proved that counselling is a substantial cause of the commission of the offence.
3. AG Reference (no 1 of 1975)
   There needs not to be an agreement for procuring, if the D knows that the offence will be committed.
4. R v Bainbridge
   It is essential to prove that D knows what crime will be committed in o order to prove accomplice.
5. DPP for Northern Ireland v Maxwell
   An accessory who leaves it to his principal to choose is liable, provided always the choice is made from the range of offences from which the accessory contemplates the choice will be made.

Question 1

Accomplices

Accessories and Abettors Act 1861 s 8

Mens Rea

Answer 1

Performance of one of the actus rei with intention to assist the principal and foreseeing that the principle might go on to commit the offence.

Question 2

Joint Enterprise and Secondary Liability

Answer 2

R v Powell & English

Test for joint criminal enterprise is one of foresight.