Attempts & Accomplice Liability Flashcards
For a criminal attempt, when will an act be more than merely preparatory? Case.
When the defendant has started the act proper - Gullefer.
Is mere presence at the scene of a crime sufficient to establish accomplice liability? Case.
No - Clarkson.
Can the doctrine of transferred malice apply to an accomplice? Case.
Yes - Gnango.
What is the mens rea of accomplice liability? Case
National Coal Board v Gamble:
- Intend act of assistance.
- Contemplate essential elements of the offence.
How are ‘aid’, ‘abet’, ‘counsel’ and ‘procure’ defined? Case.
A-G’s Reference No 1 of 1975: normal English definitions. Aid = assist; Abet = encouragement at time; Counsel = encouragement before offence; Procure = bring about offence.
Does the accomplice need to have contemplated the exact details of the crime in order to be guilty? 2 cases.
No, he must merely have contemplated the type of crime - Bainbridge, or the crime must fall within a range of contemplated crimes - Maxwell.
If the principal offender has a different MR, to what extent will the accomplice be guilty? Case. Qualifier?
To the extent of his own MR (higher or lower) - Gilmour. But must still match the AR that has occurred.
If the principal offender goes beyond the scope of the agreed plan, under what circumstances will the accomplice be guilty/not guilty? 2 cases.
He will only be guilty if he foresaw that the principal offender may have done the new act - Powell; but not if the principal offender does the new act in a fundamentally different way - English.
What is the position regarding liability if the plan has an unexpected consequence unforeseen by both principal offender & accomplice? Case.
The ‘co-adventurers’, i.e. principal offender and accomplice, are both equally guilty - Lovesey & Peterson.
Will using a different type of the same weapon constitute a fundamentally different act? Case.
No - Yemoh.
Will an accomplice be guilty even if the principal offender escapes liability? Case.
Yes - Cogan & Leak.
Will an accomplice be guilty if he has a contractual duty to act? Case.
Yes - criminal law obligations trump contractual duties. Garrett v Arthur Churchill.
What must withdrawal be to be effective? 2 criteria, 1 case.
Unequivocal, and communicated effectively - Becerra.
If the assistance was verbal, and took place before the crime, what type of withdrawal will be effective? Case.
Verbal withdrawal will probably suffice - Grundy.
If the assistance was physical, or took place at the scene of the crime, what type of withdrawal will be required? Case.
Something more than verbal withdrawal - Becerra.
