Complicity

Question 1

Whats a Principal in the First Degree?

Answer 1

Actual perpetrator or most immediate cause of the SERIOUS INDICTABLE offence.

Question 2

Whats a Principal in Second Degree?

Answer 2

Present at commission of the Serious Indictable offence and;
- Aids
- Abets
- Assists
In Commission of offence
Must be present or sufficiently proximate to assist.

Question 3

Accessories before the fact? Section?

Answer 3

S 346 Crimes Act.
Absent at the time of commission but
- Counsels
- Commands or
Abets another to commit THAT offence.
Liable to same punishment as Principle.

Question 4

Accessory after fact?

Answer 4

After commission of the SIO, and with knoweldge that one has been committed either
- Receives
- Comforts
- Harbours
- Assists or
- Maintains the offender.
Imprisonment for 5 years.

Question 5

Foundational Crime?

Answer 5

The crime the conspirators intended/agree to commit.

Question 6

Incidental Crime

Answer 6

Any crime that results from the actions surrounding the foundational crime. Secondary crime.

Question 7

Can person be found guilty as Principle in 2nd for encouragement?

Answer 7

yes. Must be proved he intended to encourage or wilfully encouraged.

Question 8

Abandonment?

Answer 8

When one of the conspirators ‘abandons’ the crime.

Question 9

Principals of abandonment? Case?

Answer 9

R v Tierney
They must;
1. Communicate their intention to withdraw to other princinples.
2. Accompany the withdrawl with such actions that can reasoanbly be undertaken to undo the effect of their involvement.

Question 10

Is abandonment a question of fact or law?

Answer 10

Fact.

Question 11

What must be proved in terms of knowledge for Accessory before the fact?

Answer 11

That the crime committed by the principle was the crime contemplated by the accessory.

Question 12

Joint Principles?

Answer 12

Joint principles in 1st degree occur when 2 or more people carry out JCE.

Question 13

What must prosecution prove for Joint Principles?

Answer 13

1. Agreement -

2. Participation (p1 or p2 or ABF)

Question 14

Doctrine of Common Purpose?

Answer 14

Also known as extended joint criminal enterprise.
2 or more person act together in pursuit of Common unlawful objective, then every act done in fuirtherance of that common purpose by one is an act done by all.

Attributing criminal liability to one aprticipant for a crime committed by another participant in the course of carrying out their JCE.

Question 15

If someone commits an act outside of common purpose are the other persons liable?

Answer 15

No, unless they instigate it or assist in it, or if it can be proved that the incidental offence was ‘within the contemplation’ of the others persons in the JCE.

Question 16

What is the agreement in relation to?

Answer 16

Committing the foundational offence.

Question 17

What does McLean NSWCCA say?

Answer 17

Doctrine common purpose only applies when persons jointly agree to commit a foundational crime but in the process of committing it one commits an incidental crime.

Question 18

Three elements of common purpose? Case?

Answer 18

McAulife v R.

1. A JCE
2. Participation by accused in JCE
3. Incidental crime committed by a aprticipant outside the agreement but within their contemplation.

Question 19

Is the test subjective or objective when determining crimes falling outside of foundational crime?

Answer 19

Subjective. Scope of common purpose determined by what was contemplated by parties sharing foundational purpose. Mcaulife v R.

Question 20

Whats a joint criminal enterprise?

Answer 20

When two or more persons come to an agreement they will commit a crime.

Question 21

Is mere presence enough for JCE?

Answer 21

No, must prove participation in some form.

Question 22

What does Miller v The Queen say?

Answer 22

Bloke who drove around a mate who was raping and killing girls.

The rule from Mcauliffe in relation to scope of contemplation for incidental offences still applies, despite case of Jogee in the UK.

Question 23

UK case on incidental offences that doesnt apply in NSW?

Answer 23

Jogee.

Question 24

Case on non-responsible agent?

Answer 24

R v Bourne - Beastiality case, under duress.