Forms of participation

Question 1

Common law

Answer 1

Perpetrator - Commits actus reus himself or through an innocent party

Accomplices :

• Aiding (help, no causal link), abetting (encourage, failing to report or stop is not enough, no causal link), counseling (advice, needs causal link), procuring (assisting, needs causal link)
• Actus Reus, offense must have been committed
• Mens Rea (intent to assist or encourage + knowledge/foreseeability)

Joint criminal enterprise :

• Joint purpose or intention
• Real intent required (R v Jogee)

Question 2

Civil law

Answer 2

Perpetrators :
- Direct perpetrator, indirect perpetrator and co-perpetrator

Accomplices :

• Instigator (any act that causes the perpetrator to make his decision to commit the crime)
• Aider (Any act that furthers the commission of the offense, must have knowledge about the type of crime = intent to help and intent to have it committed)

Question 3

Germany - Deviations from the common plan

Answer 3

Only liability for what you have intended

No liability if the act is fundamentally different from the plan