Attempts and Accomplice Liability Flashcards
what is the definition of attempt?
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
what is the AR of attempts?
an act which is more than merely preparatory to the commission of the full offence
what is the MR of attempts
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
when can reckless suffice for the MR?
when it is a crime of ulterior intent i.e. aggravated arson
what is impossibility?
the crime attempted may be impossible to commit successfully BUT this wont prevent the establishment of the AR of attempt
what is the MR for impossibility?
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
who is a principal offender?
person who commits the AR elements of a substantive criminal offence (co-principals if two do it together)
who is an accomplice?
assist the commission of an offence in some way whilst not committing the AR of the offence themselves
what is the AR of accomplice?
aiding, abetting, counselling or procuring the commission of the offence
what is aiding
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
what is abetting
accomplice encourages the principal in some way to commit the crime at time of offence
what is counselling
instigating, soliciting, encouraging or threatening the principal to commit the offence- some time before the offence
what is procuring
to produce by endeavour- accused sets out to achieve a particular state of affairs and takes appropriate steps to bring about that offence
does the accomplice have to be present at the scene?
must be present by prior arrangement by the principal or actually encouraged or assisted the principal at the scene of the crime
can remaining silent amount to encouragement?
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
is a mental link needed in cases of aiding?
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
is there a mental link needed for abetting and counselling?
yes so the principal must be aware of the encouragement or advice but there don’t have to be a causal link
does there have to be a mental link for procuring?
no need for mental link but do need causal link
what is the effect of principal liability
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
what if the principal has a defence?
accomplice can still be convicted
what if the principal not prosecuted?
e.g. if they can’t be traced- D can sgill be an accomplice
what is an innocent agent?
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
what is the MR?
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
expand on intention to do the act
D intentionally assisted, aided, abetted etc the commission of the offence
expand on knowledge of the circumstances
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
expand on the accomplice must have knowledge
must know type of crime but not exact details OR knows offence will be in a limited range
what is accomplice plans it but PO goes beyond?
liable if accomplice intends to assist or encourage PO in the new offence and will be accomplice to a new crime
what if PO does the agreed act but with a a different MR than intended by the accomplice?
accomplice is guilty as an accomplice which matches the accomplice’s own MR
what is the essential element for withdrawal of the plan?
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
who can be an accomplice?
anyone above age of 10 who is fit to stand trial- they have same available defences
