Parties to a crime

Question 1

Principal offender

Answer 1

party that commits a substantive criminal offence. satisfied the actus reus and mens rea

Question 2

joint principal offender

Answer 2

second party that has equally committed the offence

Question 3

secondary offender

Answer 3

does not commit the substantive offence - assisted or encouraged the commission of the principal offence

Question 4

joint entreprise

Answer 4

situations involving two or more individuals committing a criminal offence. principal and accessory intended different results

Question 5

accomplices in SQE

Answer 5

interchangeable with secondary parties and accessories

Question 6

innocent agents

Answer 6

party who commits the actus reus of the principal offence whilst following direction from another individual and cannot be liable for the offence

Question 7

how can you be an innocent agent

Answer 7

lack capacity, lack mens rea etc. in these situations the acts of the innocent agent can be imputed on the principal offender

Question 8

elements of accessorial liability

Answer 8

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

Question 9

If accessorial liability is achieved what is the next step

Answer 9

liable to be tried, indicted and punished as principal offender

Question 10

Aid

Answer 10

assist, help or support him to commit the offence - providing weaponry, acting as a lookout etc

Question 11

Abet

Answer 11

incite, instigate or encourage

Question 12

counsel

Answer 12

advise or solicit the crime eg. hiring a hitman

Question 13

procure

Answer 13

produce by endeavour

Question 14

when is a defendant not liable

Answer 14

assistance provided after the crime is committed - eg covering up a crime

Question 15

presence at the scene of an offence

Answer 15

not necessarily an offence, was there something they said or did? could they have intervened or express dissent?

Question 16

essential matters

Answer 16

knowledge of any existing facts necessary for it to be criminal

Question 17

Not enough knowledge for AL

Answer 17

only knows that something illegal is taking place

Question 18

more knowledge required for AL

Answer 18

knows exact offence that is taking place and the particulars of the offence

Question 19

right amount of knowledge for Al

Answer 19

knows the ‘type’ of crime committed or the range of the crimes that may be committed

Question 20

Type of crime

Answer 20

eg theft, unlawful killing etc

Question 21

range of crimes

Answer 21

eg knows an offence but not necessarily which one

Question 22

withdrawal as defence to AL

Answer 22

change of heart and effectively withdraws - up to jury to decide effectiveness of the withdrawal.
communicated through words or actions.
unequivocal disengagement from the criminal enterprise.
only works as an accessory not inchoate offence.

Question 23

overwhelming supervening event

Answer 23

there can be an argument that there was a change in character of the liable party beyond an escalation of events.

Question 24

transferred malice

Answer 24

defendant is not liable when he and the principal offender agreed on a particular victim and the principal offender commits the offence on a different victim

Question 25

Relevance of weapons

Answer 25

defendant knowing the principal is carrying a weapons only shows evidence of intention it is not the same as intention.

Question 26

Inchoate offences

Answer 26

offences that are not yet complete, but steps have been taken to their commission

Question 27

attempt

Answer 27

an offence in which defendant intends to commit but does not satisfy actus reus

Question 28

when will it be considered an attempt

Answer 28

more than preparatory