Accessorial Liability Flashcards
What are the three ways in which multiple offenders may be liable for an offence?
- Joint principals
- Secondarily liable as part of a joint enterprise
- Secondarily liable for aiding, abetting, counselling or procuring the principal
When are two offenders liable as joint principals? Are joint principals always liable for the same offence?
Where each offender independently has both the necessary actus reus and mens rea for the offence.
Not necessarily - they may have committed different offences (different AR or MR) or one may have a defence not available to the other
5-step analysis for joint enterprise.
- A principal has committed an offence
- Is the principal part of a joint enterprise, i.e., are there other parties involved in furthering the same common purpose or design?
- Does the offence fall within the common purpose or design?
- Did D (i) encourage or assist the commission of the principal offence (AR) and (ii) intend to do so with the knowledge of the relevant circumstances making it prohibited (MR)?
- If so, those other parties are liable for the offence by the principal.
Define a joint enterprise (3 elements)
- TWO or more people act
- With a shared COMMON intention
- Which involves at least one of them committing a CRIME
What is the AR and MR of joint enterprise liability?
- AR - (i) D encouraged or assisted the commission of the principal offence; and (ii) the offence fell within the common purpose
- MR - (i) intended to encourage or assist the commission of the offence (foresight NOT sufficient - Jogee); (ii) with knowledge of the relevant circumstances making it prohibited
What is D’s liability where D intended to assist and encourage the causing of, or intended to cause GBH, but the principal commits murder? Discuss both the offence committed and the general principle (3 points).
He is only guilty of manslaughter, since the principal defendant went beyond the common purpose.
If D (i) encourages or assists an unlawful act which (ii) all sober and reasonable people would have carried the risk of some harm, serious or not to another, and (iii) death in fact results, D is liable for manslaughter.
Exception to the Jogee manslaughter principle?
Where V’s death is caused by some overwhelming supervening act by the principal which (i) no one in D’s shoes could have contemplated would happen and (ii) is of such a character as to relegate D’s actions to history, D will bear no criminal responsibility for the death
What is the main defence to joint enterprise liability (3 elements)?
Withdrawal from participation, i.e.
(i) D unequivocally communicates his withdrawal
(ii) prior to the commission of the offence
(iii) noting that the closer the withdrawal to the offence, the more that will be required to communicate the withdrawal (including taking all reasonable steps to prevent the offence)
Define an accomplice (3 elements for AR, 2 for MR)
AR
- Someone who assists (aids, abets, counsels or procures)
- The commission of an offence
- But did not himself commit the actus reus
MR
- Intended to commit the act which aided, abetted, counselled or procured and
- Actual knowledge or foresight of a real possibility that the principal offender may do the essential things which constitute the offence
Define “aiding” (meaning + timing)
- Help, support or assist
2. Before and/or at the time of the offence
Define “abetting” (meaning + timing). Omission suffices?
- Encourage or incite (mere presence does not suffice unless there is a duty to intervene)
- At the time of the offence
Define “counselling” (meaning + timing).
1,. Advising, soliciting or encouraging
2. Before the commission of the offence
Define “procuring” (meaning + timing)
- Producing by endeavour
2. Before and/or at the time of the offence
3 principles for accomplice liability
- PRIMARY LIABILITY - Principal offence must be committed.
- TIMING - Defendant cannot be an accomplice after the principal offence has occurred; he must be an accomplice at the time the offence is committed.
- VICTIMS - Victims cannot be accomplices.
Main defence to accomplice liability (3 elements)?
Withdrawal from participation, i.e.
(i) D unequivocally communicates his withdrawal
(ii) prior to the commission of the offence
(iii) noting that the closer the withdrawal to the offence, the more that will be required to communicate the withdrawal (including taking all reasonable steps to prevent the offence)
