Complicity Flashcards
What is a Joint Criminal Enterprise?
2 or more persons reach an understanding or arrangement that results in an agreement between them to commit a foundation crime.
They will both be joint principals in the first degree if each of the participants commits at least one element of the foundational crime.
What is Principal in the First Degree?
1) Person who is the actual perpetrator or the most immediate cause of the offence.
2) Innocent Agent - Performs Actus Reus with no Mens Rea
3) Joint Principals - 2 or more persons carrying out a joint criminal enterprise.
What are Principals in the Second Degree?
1) who offers encouragement or assistence
2) or involved by common purpose.
What is common purpose?
1) Joint criminal enterprise to commit foundational crime
2) Participation in the foundational crime by the accused
3) an incidental crime is committed outside the foundational crime that is within the contemplation of the accused. They could have foreseen the incidental crime.
What are accessories before the fact?
They are absent at the time of the offence is committed but are the masterminds behind it, they arrange and command it.
What are accessories after the fact?
They are of the type of offence that has been committed and they offer the principal comfort or assistance etc after the offence the offence has been committed.
eg Disposal of weapon, recieves, comforts, hides proceeds, cleans up, harbours, assists
What needs to be established for ‘In Company Offences”?
The mere presence is NOT sufficient but be nearby and ready to assist. Nearby and ready to assit.
Case Law - R v BROUGHAM - Where victim is confronted by the combined strength of two are more persons
