Criminal 7: Parties to a Crime

Question 1

What is a principle offender?

Answer 1

• The person(s) who with appropriate MR, commits the AR
• It is always possible to have more that one principle

Question 2

What is an innocent agent? Who is liable?

Answer 2

Where person carrying out AR is underaged (under 10 yo) or is deceived as to what they are doing
- principle offender will be liable even though they did not commit AR

EXAMPLE
- Woman gave child dose of poison to give to V – Woman was principal offender
- Employee told employees to make accounting transaction which unknown to employees resulted in fraud – employer was principal agent

Question 3

What are secondary parties? How are they liable?

Answer 3

If they:
- aid,
-abet,
-counsel
-procure
the commission of any offence

OR
- are part of joint enterprise

Shall be liable and punished as a principal offender

Question 4

What is procuring

Answer 4

• To produce by endeavour
• Must be causal link between D’s act and the commission of the offence

EXample
- D added alcohol to P’s drink with his knowledge or consent (guilty for later drunk driving)

Question 5

Aiding

Answer 5

• Requires accessory to give help, support, or assistance to the principle offender in carrying out the offence
• Be done before or during act
• No need for causation
• There need only be consensus – even if assistance is unforeseen or unwanted by and unknown to P

Example
- Supplying materials or tools to commit offence
- Giving information which helps the principle to commit a crime
- Holding down a victim in assault
- Driving D to the V’s home before they kill them, even if there is a time delay (12 hours) and D had not decided whether or not to go through with murder during drive

Question 6

Counselling

Answer 6

• Means giving advice or encouragement BEFORE the commission of the offence
• principle should know of advice (consensus)
• no need for it to effect principles conduct

Question 7

Abetting

Answer 7

• Encouraging or inciting at the time the offence is committed
• No need for causal link
• Any involvement from mere encouragement upwards would suffice

NOT
- mere presence at scene (spectators at illegal fight)
- HOWEVER journalist who saw and reviewed illegal concert was convicted

Question 8

Abetting Failure to prevent an offence

Answer 8

• Where D has the right or duty to control the actions of another and deliberately refrains from exercising it,
• D’s inactivity may be a positive encouragement to the other to perform an illegal act and would therefore be abetting

EXAMPLE
- employer turning blind eye to employees fraud
- pub owner watching customers drink after hours
- parent allowing their child to be abused
- Owner allowing their car to be driven dangerously (maybe - if in control)

Question 9

What is a joint enterprise?

Answer 9

• Where two or more people are committing a crime together
• If one goes on to commit further offence in coarse of this (stab owner of house during robbery) the other may be an accessory
• The accomplice is not committing an offence as principle (rather treated as aiding, abetting etc.)

IMPORTANT MR:
- Must intend to assist or encourage in the principles commission of the additional crime

REQUIREMENT
- 2nd crime to be committed in course of or incidentally to 1st
- cannot be liable to crime committed before you joined enterprise

Question 10

When is someone unfit to plead

Answer 10

Unfit if they are unable to:
- Comprehend court proceedings;
- Challenge a juror;
- Comprehend the details of the evidence

Question 11

What happens if someone is unfit to plead?

Answer 11

• First there will be mini trail to see if they committed the AR
• Court will not consider the MR at all

If guilty
- Can discharge
- Can impose supervision order
- Can impose hospital order (for fixed period or indefinitely)