Offences

Question 1

What are the 4 elements of unlawful act manslaughter?

Answer 1

1. D intentionally and voluntarily did an act.
2. The act was unlawful.
3. The unlawful act was (objectively) dangerous.
4. The unlawful act caused the death of the victim.

Question 2

What are the 5 elements of gross negligence manslaughter?

Answer 2

1. Existence of a duty of care.
2. Breach of that duty.
3. Breach causes death.
4. There was a risk of death.
5. Breach was so bad as to constitute gross negligence.

Question 3

Define aiding in the context of accessorial liability.

Answer 3

Accessory gives help, support or assistance, to the principal offender to carry out the principal offence. No causation between aid and crime necessary. No consensus between P and D required.

Question 4

Define abetting in the context of accessorial liability.

Answer 4

To incite, instigate or encourage at the time that the offence is being committed. No causal link required. The principal must know they are being abetted.

Question 5

Define counselling in the context of accessorial liability.

Answer 5

To give advice or encouragement before the commission of the offence. No causal link is required. There must contact between the parties and a connection between the counselling and the offence.

Question 6

Define procuring in the context of accessorial liability.

Answer 6

To procure by endeavour or endeavour to cause. There must be a causal link between the defendant’s act and the commission of the offence. No need for consensus i.e. P does not need to be aware of procurement.

Question 7

How can an accessory withdraw from a crime?

Answer 7

It must be before the act of assistance (as the relevant time for the MR is the act of the assistance, not the time of the offence). A change of mind is not enough - withdrawal must be communicated. They are less likely to be able to withdraw if they have supplied P with the means of committing the offence.