Lecture 11 - Parties to a crime

Question 1

What is the main principal of parties to a crime

Answer 1

the principal is the party to a crime whose act is the most immediate cause of the actus reus. if this applies to more than one person they will be joint principals. to be a joint principal it is necessary to contribute to the actus reus by an act rather than supporting the act of another

Question 2

what is the significance of the thornton v mitchell case

Answer 2

where the principal is acquitted of the offence the accessory cannot be guilty of the aiding of the offence.

Question 3

can there still be liability if the principle is acquitted

Answer 3

if there is an actus reus there can still be liability for procuring the offence. however if there is no actus reus then there is no secondary liability

Question 4

what does the accessories and abettors act 1861 s8 state about those who aid in offences

Answer 4

whosoever shall, aid abet, counsel or procure the commission of any indictable offence whether the same be an offence at common law or by virtue of any act passed or to be passed shall be liable to be tried, indicted and punished as a principle offender

Question 5

what is aiding and abetting

Answer 5

helping the principal at the time of the offence. abetting is encouragement at the time of the crime and the principal needs to be aware of it

Question 6

what is counselling

Answer 6

counselling is an offence where people prepare for future offence. counselling requires consensus but doesnt have to cause the principal to commit the offence

Question 7

what is procuring

Answer 7

it means to produce by endeavour… setting out to see that it happens and taking appropriate steps to produce it

Question 8

what mens rea is required of secondary parties

Answer 8

secondary parties must have knowledge of the acts or circumstances constituting the crime. the level of mens rea is low it only needs to be shown that the secondary party intended their action not its effect on the principal. the secondary party must know their acts are capable of assisting

Question 9

what is joint enterprise

Answer 9

its a common law doctrine where an individual can be jointly convicted of the crime of another if the court decides they foresaw that the other party was likely to commit that crime