Joint Enterprise and Parasitic Accessory Liability Flashcards
Q: What is joint enterprise?
A joint criminal enterprise exists where two (or more) people embark on the commission of an offence by one or both (or all) of them. It is a joint enterprise because all the parties have a common goal—that an offence will be committed.
As the parties to a joint enterprise share a combined purpose, each would be liable for the consequences of the actions of the other in the pursuit of their joint enterprise. This is the case even if the consequences of the joint enterprise are a result of a mistake.
Q: What is parasitic accessory liability?
Narrower area of secondary responsibility.
It is when one party goes beyond that which was agreed or contemplated by the other.
Q: What is parasitic accessory liability? Case?
Anderson 1966- if an act is so fundamentally different from that originally contemplated by B and the actions of A are a departure from the nature and type of crime that was envisaged by offender B then B is unlikely to be liable for this. In this case, A possessed a flick-knife and stabbed V during a crime. B did not know A possessed a knife and only agreed to be a burglar.
Q: What is the law on foresight of wounding?
Jogee 2016 (supreme court)- the secondary party’s foresight of what the principal might do is not enough on its own. Foresight is evidence in which the jury might infer a shared criminal intent, but it is not proof of guilt in itself. The accessory must intend to assist or encourage the wounding.
