Chapter 2F: Participants in Crime Flashcards
What is a principal offender?
An offender that is considered to be immediately linked to the crime, having either committed the offence or been directly involved with the offence
Even if you were not physically at the scene of the crime, what can you still be charged as?
The principal offender
What does the Crimes Act state regarding the actus reus component of an offence?
A person involved in the commission of an offence is taken to have committed the offence and can be liable for the maximum penalty, even if they did not physically carry out the actus reus component
To be involved in the commission of an offence and be found guilty as a principal offender, what must the accused have done?
Assist, encourage or direct the commission of an indictable offence by another person or enter into an agreement, arrangement or understanding with another person to commit an offence
What is an accessory?
Any person who knows or believes that a person is guilty of a serious indictable offence, who acts to prevent the arrest, prosecution, conviction or punishment of that person
What is the relationship between the guilt of an accessory and a principal offender?
An accessory to a crime can be found guilty even when the principal offender is found not guilty
What is the relationship between the trial of an accessory and a principal offender?
An accessory’s trial is able to proceed regardless of the outcome of the principal offender’s trial
What are some examples of ways an individual can be charged as an accessory?
Hiding a principal offender or tampering with evidence
What is the relationship between the penalties imposed on an accessory and a principal offender?
The penalty imposed on an accessory will vary dependent upon the crime the principal offender committed
What can an accessory be sentenced to when the maximum penalty for the principal offender is life imprisonment?
A maximum penalty of 20 years imprisonment
In all other cases apart from life imprisonment, what are the rules surrounding the penalties imposed on an accessory?
The penalty for the accessory cannot exceed 5 years imprisonment or be more than half of the maximum penalty imposed on the principal offender
