Attempt & Secondary Participation

Question 1

Secondary participation can be 4 things

Answer 1

Aid,abet,counsel,procure

Question 2

Statute for secondary participation is

Answer 2

Accessories and abettors act 1861

Question 3

Penalty for secondary participation

Answer 3

S8 accessories and abettors act 1861 - whoever shall aid abet counsel procure shall be tried and punished as a principle offender

Question 4

Secondary offences covered by sections

Answer 4

S8 covers either way and indictable offences

S 44 magistrates courts act 1980 covers summary offences

Question 5

Explain aid abet counsel procure

Case law link liability

Answer 5

Aid abet usually done at scene
Counsel procure - done at planning stage
Help after crime not within remit of accomplice liability
No need for link - r v calhaem
No act no liability Thornton v Mitchell

Question 6

Secondary participation AR MR

Answer 6

AR help to bring about crime by acting advising assisting encouraging before crime committed. Doing nothing at scene no AR R v clarkson unless duty to act r v Willett. If police initiate liable r v sang
MR intentionally provided encouragement/assistance r v clarkson realised they were.and voluntary - ncb v gamble
Had knowledge of the full circumstances of the offence ( Johnson v you den or national coal board v gamble
And foreseeability

Question 7

Secondary participation - withdrawal

Answer 7

Very difficult
R v becerra - timely communication break chain of causation
Spontaneous attacks just walk away ok- r v Mitchell

Question 8

Inchoate offence - attempts is

Answer 8

S1(1) of the criminal attempts act 1981
Ashworth - incomplete or wrong result
AR to do an act which is more than merely preparatory r v Jones
MR intent to commit offence - r v whybrow intent in the attempt to kill would be sufficient for attempted murder.b
Possible if crime impossible