Criminal Law 8 - Parties to a crime COPY Flashcards
What is the definition of a principal?
Person who, with appropriate mens rea, commits the actus reus
Can have more than 1
What is an ‘innocent agent’?
Where the person who performs the actus reus is not the principal. Principle still liable even though didn’t perform the actus reus.
(Underage or didn’t know what they were doing commits crime)
(Mother gave poison to child who gave it to V)
What is withdrawal with regard to accessory liability?
Where secondary party changes their mind
Must do sth to unequivocally communicate withdrawal before act of assistance - can’t just change mind
In acts of spontaneous violence, test is less onerous
When could conviction of a secondary party but acquittal of the principal happen?
Where the principal has been acquitted due to insufficient evidence or principal couldn’t be found but it’s clear someone committed the offence to which D was a secondary party
Or where principal did it but has a defence
What is the general rule and exception where it can’t be proved which of 2 people committed the crime?
Both must be acquitted
Exception: if it can be proved that the one who did not commit the crime as the principal was a secondary party to the crime, both can be convicted
Can you ‘attempt’ to be an accessory to an offence?
No
But it is an offence to be an accessory to an attempt to commit an offence
What are the 5 ways in which someone can be an accessory to a crime (and therefore liable as a principal) and what do they each mean?
Aid: give help, support or assistance
Abet: incite, instigate or encourage
Counsel: give advice or encourage
Procure: produce by endeavour
Party to a Joint Enterprise: 2 or more people committing crime together
Expand on ‘aiding’ a crime:
Giving help, support or assistance
Can be before or during commission of offence
No need for causation or consensus
- B drove A to crime scene, B hadn’t committed to crime which occurred 12 hours later, A still liable
Expand on ‘abetting’ a crime:
Instigating, inciting or encourage a crime
Must be at time offence is being committed
No need for causal link but must be communication
Mere presence at scene doesn’t count
If they deliberately refrain from controlling P’s actions when they have a right/duty to do so, can count
Expand on ‘counselling’:
Giving advice or encouragement
- No need for causal link (but for counselling crime wouldn’t have been committed) but must be contact between the parties and the counselling must have connection with offence
Expand on ‘procure’:
Produce by endeavour
Must be causal link between D’s act and commission of offence (only one where causation is needed)
- A adding alcohol to drink cause B to commit crime, causal link.
- A going on a march that would cause B to react violently, not causal link
Expand on being a ‘party to a joint enterprise’:
Where 2 Ds have common intention to commit crime A
As an incident of committing crime A, one of the Ds commits crime B
What key principles are there for joint enterprises?
- No need to show the D who didn’t do crime B aided or encouraged the offence; just that they were party and had relevant mens rea as an accessory
- Crime B must be committed in course of crime A
- Party isn’t liable for offences committed before they join JE
What is the mens rea necessary for accessory liability?
- Intention to assist or encourage the principal’s conduct
- If crime requires mens rea, an intention that the principal does actus reus with necessary mens rea (not for procuring)
- Knowledge of existing facts/circumstances necessary (don’t need exact details but must know type of crime)
Mens Rea: what is included in assisting or encouraging the principal’s conduct for a crime which does not include a mens rea aspect
D must intend:
- to do his act which aids or encourages
- that his act will aid or encourage the commission of the crime (oblique and conditional may be enough)
