Attempts And Accomplices

Question 1

Attempt (s.1(1) Criminal Attempts Act 1981

Answer 1

AR:
To do an act (cannot be omission)
More than merely preparatory to the commission of the offence

MR:
Intent to commit the offence
(P usually must establish that D intended consequences that form AR of full offence)

Question 2

S.1(4) Criminal Attempts Act 1981

Answer 2

Specifies certain offences which are unable to be attempted (ie. attempting to be an accomplice)

Question 3

Impossibility does not prevent AR from being established

Answer 3

S.1(2) CAA 1981

Question 4

Significant steps need to be taken towards full offence

Answer 4

R v Jones

Question 5

Must have at least embarked upon the crime proper

Answer 5

R v Gullefer

Question 6

For criminal damage and result crimes like murder, intention MUST be present

Answer 6

R v Whybrow

Question 7

If recklessness is enough for full offence…

Answer 7

… it will be enough for attempts

Question 8

Accomplice liability (s.8 Accessories and Abettors Act 1861 or s.44 Magistrates Court Act 1980)

Answer 8

Accomplice assists in commission of offence whilst not committing AR of offence
(Accomplice can be punished in same way as principal offender)

Question 9

Other rules for accomplice

Answer 9

Can’t be accomplice after the event

Must be fit to stand trial and be above age of criminal responsibility (10)

Question 10

If D had to do act of assistance (contractual obligation etc) they will still be liable (crim over civ law)

Answer 10

Garrett

Question 11

Can’t be accomplice if you are the victim of a crime intended to protect you

Answer 11

R v Tyrrell

Question 12

AR/MR of Accomplice

Answer 12

AR:
Aid, abet, counsel or procure
A crime

MR:
Consider general principles
Must have intention to assist or encourage the crime

Question 13

AR of an act must be committed by a principal offender for accomplice liability to arise

Answer 13

R v Dias

Question 14

If principal offender escapes liability, an accomplice can still be convicted

Answer 14

R v Logan and Leak

Question 15

Use of innocent agents to commit AR of crime…

Answer 15

…usually results in D being convicted as principal offender

Question 16

In strict liability cases where principal does not need MR, Accomplice DOES

Answer 16

Callow v Tillstone

Question 17

If accomplice has higher MR than principal, can face a more serious charge as long as AR is met

Answer 17

R v Howe

Question 18

Authority for intention to assist or encourage crime

Answer 18

R v Jogee

Question 19

2 elements to MR of accomplice: (National Coal Board v Gamble)

Answer 19

Intention to do the act that aided principal

Knowledge of circumstances

Question 20

Withdrawal (MR for Accomplice)

Answer 20

Elements of effective withdrawal include unequivocal, timely communication of intention to withdraw

Words alone could be enough if before crime

If assistance is physical, more than verbal communication may be necessary

Question 21

If D has range of offences within contemplation, he is liable as accomplice for whichever is committed

Answer 21

Maxwell v DPP Northern Ireland

Question 22

As long as D has a specific type of offence in contemplation, exact details aren’t necessary

Answer 22

R v Bainbridge

Question 23

Both principal and accomplice will be liable for unexpected consequences beyond scope of original plan

Answer 23

R v Lovesey and Peterson

Question 24

Foresight is evidence of intent but no more

Answer 24

R v Jogee

Question 25

Cannot be charged with attempting to be an accomplice…

Answer 25

…BUT can be accomplice to an attempt

Question 26

Encouraging or assisting crime (ss.44-46 Serious Crime Act 2007)

Answer 26

Doing act capable of encouraging or assisting offence, with appropriate MR of intending to do so

Question 27

Conspiracy (s.1(1) Criminal Law Act 1977)

Answer 27

Must be concluded agreement, not just negotiations

Irrelevant if put in place or not, or if conspirator changes their mind, or precise details have not been concluded