Complicity Flashcards
What is the structure of a criminal offence?
What is the two-part approach taken for complicity? (Used by the textbooks - i.e., Oremerod)
-Structure of a criminal offence = Procedural jurisdiction, a capable agent, voluntary conduct, actus reus, mens rea, tag-on liability (like complicity), and the absence of justification or excuse.
-Structure for complicity =
a) assisting or encouraging a crime, the accomplice must make a substantial contribution to the principal’s commission of it
b) procuring the principal’s crime, the accomplice must bring the crime about.
What are some common defences to criminal offences?
Infancy, insanity, automatism, consent, self-defence, duress, and statutory excuses.
How can individuals be considered joint principals in committing an offence?
By independently contributing to or collaborating on an offence, with each playing a part in the actus reus and sharing the intent.
What is the principle of ‘principal through an innocent agent’ in criminal law? (Which cases exemplify this?)
It refers to scenarios where a principal commits an offence through the actions of an innocent person who does not have the requisite mens rea, as seen in R v Michael (1840) and R v Cogan & Leak [1976].
What distinguishes accessory liability in criminal law?
Accessory liability involves assisting or encouraging the commission of an offence, under modern interpretations and historical distinctions, as codified in the Accessories and Abettors Act 1861, s.8.
What case revisited the actus reus and mens rea requirements for accessorial liability, and what did it emphasise?
R v Jogee [2016], which focused on the intention to encourage or assist the commission of an offence, emphasising connection over causation.
How can accessories be convicted of different offences based on their involvement and knowledge?
Based on their level of involvement and knowledge, accessories can face conviction for different offences, as illustrated by cases like R v Bryce [2004] and R v Howe [1987].
What constitutes the actus reus in accessorial liability?
The actus reus involves aiding, abetting, counselling, or procuring the commission of a crime, with a key threshold being encouragement.
What is required for the mens rea in accessorial liability? (which case explains this?)
It requires intentional assistance or encouragement, with R v Jogee [2016] clarifying that the accessory must intend to help the principal act with the requisite intent.
How did R v Jogee [2016] alter the understanding of joint enterprise liability?
It marked a significant departure from the doctrine of “parasitic accessory liability,” emphasising that foresight is evidence of intent rather than as a basis for liability.
What does withdrawal mean in the context of criminal liability?
Withdrawal indicates a clear disassociation from the criminal activity before its commission, potentially serving as a defense.
How can the victim’s involvement in a crime affect the liability of others?
In scenarios where the victim is a party to a crime, it explores how their involvement can impact the liability of others involved.
What significance does R v Gnango [2012] have in the context of joint enterprise liability?
R v Gnango offers a complex examination of joint enterprise, illustrating the challenges of determining liability when multiple parties are involved in criminal conduct, particularly in cases of mutual combat.
