Parties to a Crime Flashcards
What are the:
- Principal offenders;
- Joint principals; and
- Secondary parties?
Principal offender - person who commits the actus reus with the mens rea;
Joint principals - two or more people perform the actus reus with the necessary mens rea;
Secondary parties - those who assist in the commission of the offence whilst not committing the actus reus
What are the 4 ways someone can satisfy accomplice liability? (Actus Reus)
By:
(1) aiding;
(2) abetting;
(3) counselling; or
(4) procuring
the commission of the principal offence.
How does a secondary party aid an offence?
Assisting or supporting the principal in some way to enable them to commit the offence before it occurs (or aid can be given during).
E.g. giving them the weapon the day before, or giving it to them during the attack.
How does one abet an offence?
Encouraging the principal in some way to commit the offence during its commission;
e.g. saying ‘stab him!’ during a fight.
How can an accomplice counsel an offence?
Encouraging the offence before it occurs, e.g. saying ‘he’s done this to you and you’re letting him get away with it?’.
Effectively, antagonising the principle to commit the offence.
What is it to procure an offence?
To produce by endeavour, achieving a particular state of affairs and taking steps to bring about the offence.
E.g. spiking someone who ends up drink driving.
Is presence at the scene enough to abet an offence?
No. There must be evidence that the party was present and wilfully encouraged the crimes commission, e.g. there for support or there to tell them to do it.
Does there need to be a ‘mental link’, so effectively contact between the parties, for the secondary party to be liable?
For all instances but procurement and physical assistance (e.g. punching a police officer scoping out a drug dealer), there often has to be some form of contact or understanding between the parties.
Must there be a causal link between the secondary parties actions and the ultimate commission of the actus reus?
Only for procuring.
E.g. you can aid an offender who was going to commit the offence anyways - your action needn’t be the root cause of it.
Must the principal be convicted for the accomplice to be criminally liable?
No. If the principal has a defence or cannot be found, the accomplice can still be criminally liable.
What are the mens rea requirements for an accomplice? (Intention)
D intentionally:
(a) did the act that assisted, encouraged or procured the offence; or
(b) spoke the words that advised, encouraged and procured the crime.
What are the mens rea requirements for an accomplice? (Knowledge)
The accomplice must know that certain things are going to happen, or to contemplate they will happen, which will constitute an offence.
E.g. if D wants P to intimidate V, but P ends up killing V, D will not be guilty for murder but as an accomplice to unlawful act manslaughter.
What are the two limbs of mens rea accomplice liability when D has knowledge of the offence?
(1) D must intend to do the act or say the words;
(2) D must have knowledge of the circumstances, the facts which make P’s conduct criminal
What are the three limbs of the mens rea for accomplice liability when D has knowledge an offence (but not the offence) will be committed?
(1) D must intend to do the act or say the words;
(2) D must have knowledge of the circumstances, the facts which make P’s conduct criminal;
(3) D knows the type of crime but not details, or knows the offence will be in a limited range
When can the principal offender be charged for a different offence?
When an act shares the same actus reus but a different mens rea, e.g. unlawful act manslaughter and murder.
