Attempts and accomplice liability Flashcards
Is an attempt to commit a crime an offence in itself?
yes
What is required for attempting to commit a crime?
Actus reus - Cannot be liable for omission + more than preperatory
+ mens rea of intending to commit specific offence attempted.
In what circumstances can an offence be impossible?
- As to the end result
- As to means
(Doesnt prevent actus reus of attempting to commit an offence)
Who is the principle offender?
person who commits actus reus of a substantive criminal offence with mens rea
What are joint principles?
two or more peeople perform actus resu + mens rea together
What is a secondary party?
an accomplice - assist in committing an offence
What are the four ways actus reus of an accomplice can be satisfied?
- Aiding
- Abbetting
- Counselling
- Procuring
What is aiding?
helping at time or earlier of offence
What is abetting?
encouraging to commit the crime at time of offence
What is counselling?
Encouraging before the offence (winding up)
What is procuring?
Procure by endevour - set out to achieve set of affairs
What happens if the principle and accomplice have different mens rea?
Judged off of their own mens rea - if principle goes beyond plan they must have intended new offence would be committed.
How can accomplice withdraw application ?
- Before offence (Communication timely and unequivocal.
- During offence (much more required such as physical intervention)
