Accomplices Flashcards
Alford Transport [1997]
Knowledge and passive acquiescence is insufficient for liability.
Clarkson and Carroll [1971]
Presence and an act of assistance and encouragement might be enough for liability.
R v Anderson and Morris [1966]
Each defendant is liable for acts done in pursuance of the joint enterprise. But where one party goes further than what was agreed and does something unforeseeable, they are not liable.
R v Jogee [2016]
A secondary party cannot be convicted for murder unless they have the mens rea for murder. D2 must have an intent to kill, and foresight is evidence of intention only.
National Coal Board v Gamble [1959]
Aiding and abetting= if there is a positive act of voluntary assistance and knowledge of the circumstances constituting the offence.
Liability under Accomplices
Aiding, abetting, counselling or procuring:
Principal & secondary party.
Joint Enterprise:
2 participants.