accessorial liability Flashcards
what is accessorial liability?
defendant participates in the crime, but does not actually fulfil the actus reus and mens rea of the principal offence
where does D’s accessorial liability derive from?
the principal offence
what is the actus reus for accessorial liability?
aiding, abetting, counselling and procuring
what is aiding?
involves assisting, helping or supporting the principal offender
what is abetting?
involves instigation or encouragement
to prove D was abetting it must be established D was present at the scene. there should be ‘wilful encouragement’ by D
what is counselling?
implies advising or urging
what is procuring?
involves produce by endeavour; to bring about the result.
you produce a thing by setting out to see that it happens and taking the appropriate steps to produce that happening
what are the mens rea elements for accessorial liability?
intention to the act which aided, anetted, counselled or procured the principal offence
knowledge of essential matters which constitute the principal offence
what constitutes effective withdrawal before commission of offence?
depends on the circumstances of the case
particularaly the extent of D’s involvement and proximity to the commission of the principal offence
to withdraw successfully before the commission of the offence, D must have communicated their voluntary disagreement unequivocally to P
what constitutes effective withdrawal after commission of offence?
D must do more than merely communicating his voluntary disagreement. nothing less than physical intervention to stop P committing the crime they were engaged in
how does someone withdraw successfully from spontaneous violence?
D must communicate their voluntary disagreement unequivocally to P unless it is not practicable to do so
what is complicity by joint enterprise?
the defendant participates in the commission of a crime with another, but in the course of committing the planned crime, the other person goes on to commit another crime
post Jogee what does the liability of other parties depend on in terms of joint enterprise?
on the analysis of general principle of accessorial liability
if the second crime is an overwhelming supervening act by P that nobody in D’s shoes could have contemplated and is of such a character to relegate his acts into history, D will not be liable for crime B
