Attempts and Accomplice Liability

Question 1

what is the definition of attempt?

Answer 1

if a person does an act which is more than merely preparatory to the commission of the offence he is guilty of attempting to commit an offence

Question 2

what is the AR of attempts?

Answer 2

an act which is more than merely preparatory to the commission of the full offence

Question 3

what is the MR of attempts

Answer 3

the D intended the consequences which forms the AR of the full offence- if this offence involves an ulterior MR, recklessness in relation to it will suffice

Question 4

when can reckless suffice for the MR?

Answer 4

when it is a crime of ulterior intent i.e. aggravated arson

Question 5

what is impossibility?

Answer 5

the crime attempted may be impossible to commit successfully BUT this wont prevent the establishment of the AR of attempt

Question 6

what is the MR for impossibility?

Answer 6

the D will be deemed to have the intent to commit a crime if on the facts which they believed to be true, they would have had such intent i.e. impossibility does not prevent the establishment of the MR of attempt

Question 7

who is a principal offender?

Answer 7

person who commits the AR elements of a substantive criminal offence (co-principals if two do it together)

Question 8

who is an accomplice?

Answer 8

assist the commission of an offence in some way whilst not committing the AR of the offence themselves

Question 9

what is the AR of accomplice?

Answer 9

aiding, abetting, counselling or procuring the commission of the offence

Question 10

what is aiding

Answer 10

e.g. providing weapon, specific info etc and given at time of offence but can be earlier but doesn’t include those whose only involvement is after the offence e.g. disposing evidence

Question 11

what is abetting

Answer 11

accomplice encourages the principal in some way to commit the crime at time of offence

Question 12

what is counselling

Answer 12

instigating, soliciting, encouraging or threatening the principal to commit the offence- some time before the offence

Question 13

what is procuring

Answer 13

to produce by endeavour- accused sets out to achieve a particular state of affairs and takes appropriate steps to bring about that offence

Question 14

does the accomplice have to be present at the scene?

Answer 14

must be present by prior arrangement by the principal or actually encouraged or assisted the principal at the scene of the crime

Question 15

can remaining silent amount to encouragement?

Answer 15

silence or failure to intervene where there is a duty ti act to control the actions of a principal offender can lead to accomplice liability

Question 16

is a mental link needed in cases of aiding?

Answer 16

no as the principal may not even know of the assistance and no need to establish that this help influenced or impacted their decision to commit the crime

Question 16

is there a mental link needed for abetting and counselling?

Answer 16

yes so the principal must be aware of the encouragement or advice but there don’t have to be a causal link

Question 17

does there have to be a mental link for procuring?

Answer 17

no need for mental link but do need causal link

Question 18

what is the effect of principal liability

Answer 18

principal offender convicted of same offence as accomplice BUT sometimes the liability is less straightforward which might raise issues on if someone can be charged as an accomplice

Question 19

what if the principal has a defence?

Answer 19

accomplice can still be convicted

Question 20

what if the principal not prosecuted?

Answer 20

e.g. if they can’t be traced- D can sgill be an accomplice

Question 21

what is an innocent agent?

Answer 21

someone who commits the AR of a crime but who is not guilty of the offence either because they lack mens rea or because they have a specific defence

Question 22

what is the MR?

Answer 22

intention to do the act , have knowledge of the circumstances, intend principal offender to act with the MR of the offence i.e. commit the specific crime

Question 23

expand on intention to do the act

Answer 23

D intentionally assisted, aided, abetted etc the commission of the offence

Question 24

expand on knowledge of the circumstances

Answer 24

D must have shown that they knew the essential matters which constitute to the offence of aiding, abetting etc and doesn’t have to know that a crime has been committed

Question 25

expand on the accomplice must have knowledge

Answer 25

must know type of crime but not exact details OR knows offence will be in a limited range

Question 26

what is accomplice plans it but PO goes beyond?

Answer 26

liable if accomplice intends to assist or encourage PO in the new offence and will be accomplice to a new crime

Question 27

what if PO does the agreed act but with a a different MR than intended by the accomplice?

Answer 27

accomplice is guilty as an accomplice which matches the accomplice’s own MR

Question 28

what is the essential element for withdrawal of the plan?

Answer 28

effective communication of the decision to withdraw depending on how much they have done to set up the crime

if withdrawal before the offence: spoken words may suffice and must be timely and unequivocal

if during the offence: worlds unlikely to be enough, physical intervention may be required

Question 29

who can be an accomplice?

Answer 29

anyone above age of 10 who is fit to stand trial- they have same available defences