Accomplice Liability Flashcards
Primary Liability
Where defendant has full AR and MR of crime
Secondary Liability:
If defendant aids, abets, counsels or procures a person to commit a crime, D may have secondary liability.
Main Legislation for Accomplice Liability:
- Serious Crime Act 2007
- Accessories and Abettors Act 1861
AR of Accomplice Liability:
- Aid
- Abet
- Counsel and/or
- Procure an offence by primary
To Aid
No need for consensus or for secondary to be present.
There can be a time delay: R v Bryce
To Abet:
Consensus required. Secondary can give moral support to Primary’s actions.
Can mere presence constitute abetting?
In some circumstances. Factors such as voluntary attendance are considered.
R v Bland
Tuck v Robinson:
To Counsel:
Advising/ soliciting something of the sort: R v Calhaem
To Procure:
To produce by endeavor, casual link required.
A-Gs Reference (No. 1 of 1975)
MR of Accomplice Liability:
- Intention to aid, abet, counsel or procure.
- Knowledge of the offence.
Intention to aid, abet, counsel or procure:
National Coal Board v Gamble
case for Knowledge of the offence:
Johnson v Youden
Johnson v Youden:
When secondary has knowledge to the essential matters that make up offence.
eg: AR of offence and its consequence.
National Coal Board v Gamble
Intention to aid, abet, counsel or procure is required in addition to knowledge of the circumstances.
R v Bland
Living with drug dealer requires you to inform.
