Accomplice Liability

Question 1

In accomplice liability, who are three main players?

Answer 1

The principal

The accomplice

An accessory after the fact

Question 2

What does the accomplice do to commit an offence?

Answer 2

They aid, counsel or encourage the principal to commit the crime

They intend to assist the principal

They intend that the principal commits the crime

Question 3

What does an accessory after the fact do?

Answer 3

This person receives, relieves, comforts or assists another

Knowing that he has committed an offence

And in order to help that person escape arrest or conviction

Question 4

What is the mental state required for accomplice liability?

Answer 4

Intent to assist the principal

AND

Intent that the underlying crime be committed

Question 5

If a person knows that a principal intends to commit a crime and they don’t prevent them, could they be guilty of accomplice liability?

Answer 5

Mere knowledge is not sufficient

Question 6

What is the scope of accomplice liability?

Answer 6

The accomplice is guilty of:

• All crimes he aided or encouraged as though he did it himself
• All other foreseeable crimes committed alongside with the aided crime

Question 7

If someone is an accomplice because they ENCOURAGED the crime, but then wants to withdraw their involvement, what must they do to effectively withdraw?

Answer 7

Under common law, the encourager must repudiate their encouragement before the crime is committed

Question 8

If someone is an accomplice because they AIDED the crime, but then wants to withdraw their involvement, what must they do to effectively withdraw?

Answer 8

An accomplice who helps the principal must either:

• Neutralise the assistance, or
• Otherwise prevent the crime from happening