Attempts And Accomplices Flashcards
Attempt (s.1(1) Criminal Attempts Act 1981
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)
S.1(4) Criminal Attempts Act 1981
Specifies certain offences which are unable to be attempted (ie. attempting to be an accomplice)
Impossibility does not prevent AR from being established
S.1(2) CAA 1981
Significant steps need to be taken towards full offence
R v Jones
Must have at least embarked upon the crime proper
R v Gullefer
For criminal damage and result crimes like murder, intention MUST be present
R v Whybrow
If recklessness is enough for full offence…
… it will be enough for attempts
Accomplice liability (s.8 Accessories and Abettors Act 1861 or s.44 Magistrates Court Act 1980)
Accomplice assists in commission of offence whilst not committing AR of offence
(Accomplice can be punished in same way as principal offender)
Other rules for accomplice
Can’t be accomplice after the event
Must be fit to stand trial and be above age of criminal responsibility (10)
If D had to do act of assistance (contractual obligation etc) they will still be liable (crim over civ law)
Garrett
Can’t be accomplice if you are the victim of a crime intended to protect you
R v Tyrrell
AR/MR of Accomplice
AR:
Aid, abet, counsel or procure
A crime
MR:
Consider general principles
Must have intention to assist or encourage the crime
AR of an act must be committed by a principal offender for accomplice liability to arise
R v Dias
If principal offender escapes liability, an accomplice can still be convicted
R v Logan and Leak
Use of innocent agents to commit AR of crime…
…usually results in D being convicted as principal offender
In strict liability cases where principal does not need MR, Accomplice DOES
Callow v Tillstone
If accomplice has higher MR than principal, can face a more serious charge as long as AR is met
R v Howe
Authority for intention to assist or encourage crime
R v Jogee
2 elements to MR of accomplice: (National Coal Board v Gamble)
Intention to do the act that aided principal
Knowledge of circumstances
Withdrawal (MR for Accomplice)
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
If D has range of offences within contemplation, he is liable as accomplice for whichever is committed
Maxwell v DPP Northern Ireland
As long as D has a specific type of offence in contemplation, exact details aren’t necessary
R v Bainbridge
Both principal and accomplice will be liable for unexpected consequences beyond scope of original plan
R v Lovesey and Peterson
Foresight is evidence of intent but no more
R v Jogee
Cannot be charged with attempting to be an accomplice…
…BUT can be accomplice to an attempt
Encouraging or assisting crime (ss.44-46 Serious Crime Act 2007)
Doing act capable of encouraging or assisting offence, with appropriate MR of intending to do so
Conspiracy (s.1(1) Criminal Law Act 1977)
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
