Actus Reus Flashcards
What does Aiding mean? Where can you aid an offence from?
Helping or Assisting - Though you MUST BE AT THE SCENE.
What does abetting mean? Where can you abet an offence from?
Encouraging/inciting/instigating - But you MUST BE AT THE SCENE
Does merely passing by at the scene constitute as aiding/abetting?
No.
What is counselling, and when must it be done?
Advising, instructing and it must be done PRIOR to the offence.
What are the three steps of counselling?
- an act of counselling took place.
- The principle was aware the counselling took place.
- The principle continued to commit the crime.
Can an accessory still be found guilty even if the principle offender is found not guilty? (Y/N)
Yes
Can an accessory withdraw from an offence?
Yes - only if it is sometime before the offence.
Who cannot be an accessory to an offence?
Anyone the law is designed to protect
If A and B go to the pub with the intention to assault C, but A assaults D instead, would B still be guilty as an accomplice.
Yes - it is still a joint enterprise