Participation

Question 1

Principle offender:

Answer 1

Person who commits the actus reus of a substantive criminal offence with the necessary mens rea.

Question 2

Joint principal offender:

Answer 2

Second party that has equally committed the substantive offence by satisfying the necessary actus reus AND mens rea of the offence.

Question 3

Accomplices?
And have… involvement

Answer 3

assist in the commission of an offence in some way, WHILST NOT committing the actus reus of the offence themselves.

lessor

Question 4

4 elements to accessorial liability:

Answer 4

*Principal offender MUST commit a principal offence
*Accessory must aid, abet, counsel, or procure the commission of the principal offence
*Accessory MUST have knowledge of the essential matters for the principal offence
*Accessory MUST intend to assist OR encourage for the principal offence to be committed

Question 5

Principal offender MUST commit a principal offence?

Answer 5

Principal offender HASN’T committed an offence, secondary offender CAN’T be liable as an accomplice.

Question 6

Accessory must aid, abet, counsel, or procure the commission of the principal offence?

Answer 6

assist OR encourage the principal offender.
Assistance AND encouragement MUST take place BEFORE OR at the time of the offence.
Mere presence at the scene OR a failure to intervene/prevent NOT sufficient.

Question 7

Accessory MUST have knowledge of the essential matters for the principal offence?

Answer 7

accomplice MUST know the principal will commit the actus reus AND mens rea of the offence.
The accomplice knows an exact offence is taking place OR that a type or range of crime(s) is being committed,
that is sufficient knowledge, BUT something illegal happening NOT sufficient.

Question 8

Accessory MUST intend to assist OR encourage for the principal offence to be committed?

Answer 8

accomplice CAN be still liable for an offence IF the principal commits a greater OR lesser offence THAN originally intended.

Question 9

s.1, Criminal Attempts Act 1981 (attempt to commit an offence):

Answer 9

intent to commit an offence, person does an act which is MORE than merely preparatory to the commission of the offence,
guilty of attempting to commit the offence.
EVEN THOUGH facts are such that the commission of offence is impossible.

Question 10

s.1, Criminal Attempts Act 1981 (attempt to commit an offence):
An act?

Answer 10

MUST be an act
NOT an omission.

Question 11

Intention to commit the full offence?

Answer 11

MUST establish that the defendant intended to commit the full offence in question.
EVEN IF it can be committed with a lesser mens rea of recklessness OR a lesser actus reus.

Question 12

EVEN IF it can be committed with a lesser mens rea of recklessness OR a lesser actus reus.
Example?

Answer 12

intention to cause grievous bodily harm AS OPPOSED TO intention to kill.

Question 13

More than merely preparatory?
And question of fact for the…

Answer 13

significant steps MUST BE TAKEN towards the completion of the offence
AND NOT just preparatory steps.

jury

Question 14

Impossibility -
Actus Reus?
Mens Rea?

Answer 14

crime is factually impossible.
Defendant CAN still be held liable for attempt.

defendant is judged on the facts of the case he believed them to be, AND not as they are.