Attempts and Accomplice Liability Flashcards
Attempt - Actus reus - 3 main points
1) An act is needed which is more than merely preparatory
2) Significant steps need to be taken towards the commission of the full offence
3) Some evidence that the defendant has embarked upon the crime
Attempt - Mens rea - Definition
You must intend to commit the offence.
Attempt - Impossibility
Impossibility as to ends and impossibility of means are no defence to a charge of attempting to commit an offence. E.g defendant arrested carrying a bag they believed to contain heroin, in fact the substance was harmless but he was still guilty.
Accomplice liability - Who can be an accomplice?
Anyone provided they are above the age of 10 and provided they are fit to stand trial.
Accomplice liability - Actus reus - Requirements
1) Help to bring about the crime by acting, assisting, advising or encouraging before the crime occurs
2) Are present at the scene of the crime in order to assist or encourage
3) Are present at the scene of the crime and does assist or encourage
Accomplice liability - Actus reus - Present at the crime
Mere presence at the scene of a crime is not in itself sufficient to amount to the actus reus of being an accomplice. Must be established that they accomplice was present by prior arrangement with the principle or that they actually encouraged or assisted the principle at the scene of the crime.
Accomplice liability - Actus reus - Silence at the scene
Remaining silent or failing to intervene at the scene of the crime where there is a right or a duty to act to control the actions of the principal offender can amount to encouragement of the offence
Accomplice liability - Actus reus - A link between principal and accomplice is it necessary? - Procurement
There is no need for a mental link (any contact) between principal and accomplice where it was alleged that the accomplice had procured the commission of the offence. Procuring = setting out to ensure that something (crime) happens and taking the appropriate steps to achieve that happening.
Accomplice liability - Actus reus - A link between principal and accomplice is it necessary? - Counselling and abetting
Where advice or encouragement is given there probably does need to be a meeting of minds at some stage between accomplice and principal as it is usually difficult to argue that the accomplice has advised or encouraged the principal in the commission of the offence if the principal is not aware of that advice or encouragement.
Accomplice liability - Mens rea - Requirements
1) In relation to the act or words which establish the actus reus of accomplice liability
2) A consideration of the alleged accomplice’s knowledge or awareness of the circumstances of the principal offence
They are only liable to the extent of their own mens rea - if they believed it would only be an assault but then it turns into GBH they would only be charged with assault
Accomplice liability - Mens rea - Intention to do the act
Proof that the defendant intentionally did the act that assisted, encouraged or procured the commission of the offence or intentionally spoke the words that advised, procured or encouraged the crime. Even if the defendant does not wish the crime to be committed they are still liable.
Accomplice liability - Mens rea - Knowledge of the circumstances
Must have knowledge of the circumstances. Must know that certain things were going to happen or at least contemplated that those things might happen. All the elements of the crime committed by the principal must be intended or contemplated as possibly happening by the alleged accomplice before liability as an accomplice can be established.
Accomplice liability - Mens rea - Does contemplation of all elements of offence need to be specific?
The accomplice must know that a crime of the type in question was intended. The accomplice must have a specific type of offence (e.g theft) within his contemplation. If they have a range of offences within their contemplation they are liable for whichever of those offences the principal chose to commit.
Accomplice liability - Can the accomplice be liable for a different offence to that of the principal?
There can be no accomplice liability unless the actus reus of the relevant offence is committed. If the accomplice had a higher mens rea than the principle it is possible for the accomplice to face a more serious charge than that of the principle provided that the actus reus of the offence is committed.
Accomplice liability - Liability where the principal goes beyond the scope of the plan
If there was an agreed common purpose to commit Crime A but also that D2 foresaw that in the course of committing Crime A, D1 may well commit Crime B it may be appropriate to conclude that D2 had the necessary intent that Crime B would be committed if the occasion arose.
