Parties To A Crime

Question 1

Liability of accomplices

Answer 1

The principle offender must commit a principle offence
The accessory must aid, abet, counsel or procure the commission of the principle offence
D must have knowledge of essential matters for the principle offence
D must intend to assist or encourage and for the principle offence to be committed.

Question 2

Commission of a principle offence

Answer 2

Liability is derived from the conduct of the principle and not the admission or guilt. If a court is satisfied the principle offender has committed the actus reus of the offence, the secondary party may be liable for their acts of assistance or encouragement.

Question 3

Aid

Answer 3

To assist, support or help commit the principle offence (providing a weapon or acting as lookout)

Question 4

Abet

Answer 4

To incite, instigate or otherwise encourage him to commit the principle offence (shouting words of encouragement or cheering or applauding).

Question 5

Counsel

Answer 5

Advise or solicitor him to commit the principal offence - hiring a hit man

Question 6

Procure

Answer 6

Where D causes the offence to come about in some way (directing wife to have sex with another knowing she did not consent to it).

Question 7

Timing

Answer 7

D is not liable where his assistance or encouragement is provided subsequent to the commission of an offence.

Question 8

Causation

Answer 8

In respect of aiding, abetting, and counselling:
There is no requirement of causation between the conduct of the accomplice and act of principle
There must however be some connecting link - was the encouragement communicated to the principal

For procurement, it must be proven the D caused the principle to commit the offence.

Question 9

Presence at the scene

Answer 9

Mere presence is not an offence however may amount as evidence or assistance or encouragement.

Question 10

Knowledge of essential matters

Answer 10

D knew the circumstances which form the actually reus of the principle offends that might be committed and that the principal would act with the requisite mens rea for the principal offence. D knows the type of crime committee or the range of crimes that may be committed.

Question 11

Type of crime

Answer 11

D need not know the precise details of the crime that was committed but at least know the type of crime.

Question 12

Range of crimes

Answer 12

Where D contemplates that a range of crimes may be committed and principal goes on to commit one of those limited crimes, D will have necessary knowledge.

Question 13

Intention to assist or encourage

Answer 13

D must provide deliberate assistance or encouragement to the principal.

Question 14

Foresight

Answer 14

Foresight may be good evidence of intention but not equivalent. It can be used by the arbitrators of fact as evidence capable of inferring intention.

Question 15

Withdrawal

Answer 15

Must be communicated by words or conduct unless such communication is impossible. A mere change of mind or failure to show up does not make effective withdrawal. There must be a physical action.
Withdrawal must be unequivocal disengagement from the criminal enterprise
D is not required to have undertaken all reasonable steps in order to withdraw but there must be sufficient basis to prove effective withdrawal
In cases where D is involved in spontaneous violence, communication may not be possible or reasonable, he must show disengagement before the offence was committed
Withdrawal may take place either before or during the commission of the offence
The greater the level of assistance or encouragement, the more work is expected of D to withdraw

Question 16

Overwhelming supervening act

Answer 16

Where principal acts in such manner that nobody in D’s shoes could have contemplated might happen and is of such character as to relegate the D’s acts in history.

Question 17

Transferred malice

Answer 17

D will not be liable in circumstances where he and the principal offender have agreed a particular victim and the principal offender deliberately commits an offence against another victim.

Question 18

Conditional intention

Answer 18

A jury may infer an intention to commit an offence in circumstances where the D agreed to commit crime A and that crime B may be committed should the occasion arise