Complicity Flashcards
What is a principle in the first degree?
The actual perpetrator of a serious indictable offence. The most immediate cause. Must complete some element of the offence.
What is an innocent agent?
It is a person who commits the crime without the appropriate mens rea. Ie principle offender asks person to retrieve property, or Doli Incapax.
What is a principle in the second degree?
A person who is present at the commission of the offence and Aids, Abets or Assists.
What does Clarkeson, Dodd & Carroll say about encouragement?
It is not enough the that the presence of the accused has given encouragement. It must be proved that he intended to give encouragement; that he willfully encouraged.
What is required for abandonment in a criminal enterprise or common purpose?
- Communicate intention to withdraw to the other principles.
- Accompany the withdraw with such actions a s can reasonably be undertaken to undo the effect of their previous involvement.
White v Ridley
Question of Fact for the jury.
What is an accessory before the fact?
Is a person who is absent at the time of the actually offence but,
Counsels
Commands
Abets another to commit that offence.
Accessory after the fact definition?
Person who is not involved in the serious indictable offence but with knowledge afterwards, Receives Comforts Harbors Assists Maintains the offender.
What is Joint Principles?
When 2 or more people carry out a joint criminal enterprise.
Agreement: An existence of a criminal enterprise
Participation as a P1, P2 or ABF.
Does a person have to be present to participate in a JCE?
No, Presence is not necessary to prove participation.
R v LN.
What does the Doctrine of Common Purpose say?
If two or more wrong does act together in pursuance of a common unlawful objective, then every act done in furtherance of the common purpose, by any one of them is at law done by all of them.
Doctrine of Common Purpose talks about two types of crimes what are they?
Foundational Crime - The agreed upon crime.
Incidental Crime - A crime resulting in the furtherance of the foundational crime that is within the contemplation.
What are the three elements required for common purpose?
- Joint Criminal Enterprise (Foundational Crime)
- Participation by the accused in the enterprise.
- An incidental crime committed by a participant outside the agreed enterprise but within their contemplation.
What does R v McAulife say about incidental crimes?
The test for an incidental crime is a subjective one. The scope of the common purpose is determined by what was contemplated by the parties sharing that foundational purpose.
The case of R v Jogee outdated R v McAulife in the UK what is the position in Australia?
Miller v The Queen over rid R v Jogee and reinstated R v McAulife.
