Parties To A Crime

Question 1

What is
(a)Principal offender
(b) Joint offender
(c) Secondary offender (accomplice or accessory)

Answer 1

(a) Person commits the AR of a crime with the necessary MR
(b) Two or more people commits the AR of a crime with the necessary MR
(c) Those who assist in the commission of an aid fence whilst not commiting the AR

Question 2

Scenario: Ben hands Ken the brick, but he does not actually throw it himself

How is Ben liable?

Answer 2

Ben has a lesser involvement so he could be an accessory

Question 3

Would the conviction of an accomplice attract less punishment as the principal offender?

Answer 3

No, the accessory will be as guilty and blameworthy as the principal offender

Question 4

How does a person be liable as an accessory (AR)?

Answer 4

1. Abiding
2. Abetting
3. Counselling or
4. Procuring

Question 5

What is aid?

Answer 5

Help/assist at the time or before the offence

Question 6

What is abet?

Answer 6

Encouraging at the time of the offence

Question 7

What is counsel?

Answer 7

Giving advice, encouraging, or threatening before the offence

Question 8

What is procure?

Answer 8

To produce by endeavour - taking appropriate steps to bring about that offence.

Question 9

Scenario: the principal offender stated ‘I am going to kill your wife’ the accomplice responded ‘ oh goody’

Is this enough to convict the husband as an accomplice on the basis he had counselled the offence of murder?

Answer 9

Yes, the amount of encouragement offered does not need to be great for liability to arise.

Question 10

Scenario: Jeffery entered country provided he did not work, but he did by performing at a jazz bar where people brought tickets to see him perform

Are the audience a part of an accomplice?

Answer 10

Yes, as the presence of each evidence was an encouragement (aid and abbetting) to the principal offender to perform

Question 11

Is a person criminally liable for their presence at the scene?

Answer 11

The mere presence at the scene and failing to intervene or preventing the principal from acting is not in itself sufficient to amount to AR of being accomplice

Question 12

Fill in the blank

Answer 12

Question 13

How does mental link work?

Answer 13

When the accompliance abetted/counselled for the principal without any prior discussion/contact.

Question 14

What is generally needed for the mental link?and why?

Answer 14

Meeting of the minds is required (where the principal is aware of the accompliance) otherwise it is difficult to prove

Question 15

It is irrelevant that the principal would have committed the offence whether the accomplice was involved or not.

Answer 15

True, but only those aiding, abetting, and counselling

Question 16

What is innocent agency?

Answer 16

Someone who commits the AR of a crime but is not guilty of the offence as they lack the MR

Question 17

What is the MR for an accessory?

Answer 17

D must:
- Intentionally act & say words that establish the AR of accomplice liability
AND
-Have knowledge or awareness of the circumstances, namely, the facts which make the PO’s conduct criminal

Question 18

How much knowledge of the offence does the accomplice need to know?

Answer 18

• A needs to know the type of crime but not the exact details
  Or
• A needs to know the offence will be in a limited range

Question 19

Fill the table

Answer 19

Question 20

D had counselled Z to murder the V
Z decided not to carry out the murder but had gone angry and eventually killed V anyway

Is D liable for an accessory?

Answer 20

Yes, because she was counselling even though there was no causal link

Question 21

What if the accomplice has a different MR to the principal offender?

Answer 21

Accomplice may be guilty of a more or less serious offence than PO.→ would be guilty to the offence which matches own MR

Question 22

Accomplice starts off together but PO goes beyond the scope of the plan
What do courts consider to determine the accomplished liability?

Answer 22

Whether:

A intended to assist or encourage PO in the new offence
Or
A had foresight of what PO might do is evidence of sick intent but no more (ware aware the PO carried a knife or had history of violence)

Question 23

How can D withdraw BEFORE the offence to escape liability?

Answer 23

D must communicate that withdrawal before, unless physical assistance has been give then D would may need to do more

Question 24

How can D withdraw during the offence?

Answer 24

They must do more than simply communicate. Some form of physical intervention may be required