Accomplice Liability Flashcards
AR
(a) aiding,
(b) abetting,
(encourage principal to commit, have to be at scene)
(c) counselling, or
(instigating, soliciting or encouraging, or even threatening, before the offence)
(d) procuring the commission of the principal offence
(before the offence)
Taking appropriate steps to see that it happens e.g. spiking drink knowing going to be driving
AR - Links between the principal and the accomplice
Mental link = meeting of minds, do not need to have prior discussion.
(needed for abet and counsel)
Causal link = required to prove procurement.
It is irrelevant that the
principal would have committed the offence whether the accomplice was involved or not.
MR
- Defendant intentionally (or deliberately):
(a) did the act that assisted, encouraged or procured the offence; or
(b) spoke the words that advised, encouraged or procured the crime. - D had knowledge of the relevant circumstances.
MR - different offence to the principal offender
Accomplice may be guilty of a more or less serious offence than the principal
based on their own level of mens rea where different offences share the same actus reus.
MR - where the principal goes beyond the plan
Court must evaluate what was going on in the accomplice’s mind at
the time and whether they intended that the ‘new’ offence would be committed.
However:
* just because the accomplice foresees that the ‘new’ offence might occur, does not mean
they intended it to; and
* such foresight is only evidence of intent but no more.
Withdrawing participation
Whether there has been an effective withdrawal will depend upon the circumstances of
each case.
Words alone may suffice where the withdrawal takes place before the offence, unless physical assistance has also been given.
Where the withdrawal takes place during the commission of the crime, simply urging the
principal to leave and departing from the scene are not sufficient to be effective; some
form of physical intervention may be required.
Question of fact for the jury.
