Art and Part Liability

Question 1

what is the definition of art and part liability explained in Jones v Taggart?

Answer 1

“When two or more people engage together in committing a crime, each actor is equally guilty of the whole crime irrespective of the particular role played by each individual”

Question 2

what is the criminal liability in art and part?

Answer 2

if parties had common plan each would be responsible for all acts, if not only liable for own actions

Question 3

what is classed as ‘participation’

Answer 3

watching
omissions
assistance prior to crime

Question 4

give an example of a case where accused was guilty of watching

Answer 4

HMA v Kerr, verdict to proven

Question 5

give an example of a case where accused was guilty of omissions

Answer 5

Bonar and Hogg v Mcleod 1938

Question 6

give an example of a crime where accused was on trial for assitance prior to crime

Answer 6

HMA v Johnstone and Stewart

Question 7

what was the case of HMA v Lappen 1956?

Answer 7

was a case were several persons were charged with the crime of assault and robbery whilst acting along with another

Question 8

what is the position of the law with regards to unforeseeable actions?

Answer 8

accused cannot be held liabl as demonstrated in McKInnon v HMA 2003