Criminal Law - Capacity and Parties

Question 1

Criminal Liability

Answer 1

Childhood: children under the age of 10 are incapable of committing crime

Unfitness to Plead: defendant unable to comprehend court proceedings, challenge jurors and comprehend evidence is unfit to plead

• If unfit to plead a ‘mini trial’ will take place to determine if defendant had the actus reus
• Disposals: discharge, supervision order, hospital order
• In the case of murder the court is obliged to send the defendant to hospital indefinitely

Question 2

Principal Offender

Answer 2

• The one who commits the actus reus and has the relevant mens rea at the same time
• Possible to have more than one principal if they act together for a common purpose
• If party involved as innocent agent they will not be liable (this means they were unaware that what they were being asked to do was an offence - e.g. B delivering a parcel for A to V’s house that has a bomb in it)

Question 3

Accessorial Liability

Answer 3

Accessory will be charged as principal offender (charge will include words aid, abet, counsel or procure)

Aiding:

• Providing help or assistance at scene of offence and at the time of the offence

Abetting:

• Providing encouragement or incitement at the scene and at the time of the offence

Counseling:

• Advising or encouraging (usually beforehand and not at the scene of the crime)
• There does not need to be a causal link between counselling and commission of the offence

Procuring:

• Producing by endeavour

Mens Rea:

• Accessory must intend to aid, abet, counsel or procure the offence
• Intend to do the act
• To know or intend the essential elements of the offence the defendant is about to commit
• Believe that their acts or omissions will aid, abet, counsel or procure the offence

Question 4

Inchoate (Incomplete) Offences: Attempt

Answer 4

Attempt:

• Actus reus: act more than merely preparatory toward commission of offence
• Mens rea: nearly always intention to commit full offence

Question 5

Attempt: Impossibility

Answer 5

• Will need to look at why it is impossible to commit the offence
• If factually impossible they can still be liable (e.g. trying to steal a painting from a gallery that has been moved to another gallery the week before)
• If legally impossible (i.e. not against the law but defendant thinks it is) then they will not be liable

Question 6

Punishment for Attempt

Answer 6

• May be punished to the same extent as the completed crime but courts tend to punish attempt less severely
• Attempted murder carries a discretionary life sentence