Parties of a crime Flashcards
what is the AR of an attempt?
‘an act which is more than merely preparatory’
what is the mens rea of an attempt?
intention to commit the full offence.
who is the principal and secondary particicipant?
principal- person who, who the appropriate mens rea, commits the actus reus of an offence.
second participation- an accessory aids, abets, counsels, procures the principal offence. Or where A is engaged in a joint enterprise when P commits a second, different offence.
- intention to assist or encourage the principal’s conduct.
conviction of a secondary party and acquittal of the principal is possible.
It is not an offence to ATTEMPT to aid an offence.
cannot have a secondary offence without the principal!
how can the secondary party withdraw their help or encouragement?
withdrawal must be communicated to the principal or a law enforcement agency.
must take place before the act of assistance.
must neutralized the assistance provided.
Can a d abett an offence by failure to prevent an offence?
yes, where the D has the right or duty to control the actions of another and deliberately refrains from exercising it, D’s inactivity may be a positive encouragement to the other to perform an illegal act and would therefore be abetting.
how will D2 be liable for joint enterprise accessory?
it is enough to show that D2 was a party to the joint enterprise and had the relevant mens rea for an accessory.
Second crime must be committed in the course of or be incidental to Crime A.
what is the mens rea for attempted murder?
intention to kill!
can general messages be abetment?
yes encouragement provided during the commission of the crime, even if not physical or directed at an individual specifically, can constitute abatement if it effectively incites the principals offender’s actions.
