Parties to a Crime

Question 1

Who is a principal offender to a crime?

Answer 1

Person who with the appropriate mens rea commits the actus reus of the offence

Question 2

What is the effect of principal using innocent agent to commit actus reus of an offence?

Answer 2

Then principal can still be liable even though they acted through an innocent agent

Question 3

What are the five ways someone can be liable as an accessory?

Answer 3

• aiding
• abetting
• counselling
• procuring
• being a party to a joint enterprise

Question 4

What is procuring an offence? What is required for procuring an offence

Answer 4

Means produce offence by endeavour

Must be a causal link between D’s act and the commission of the offence

Question 5

What is aiding an offence?

Answer 5

Accessory gives help, support or assistance to the principal offender to carry out the principal offence

Question 6

What are examples of aiding an offence?

Answer 6

• supplying materials or tools to commit the offence
• giving information which helps the principal to commit a crime
• holding down a victim in assault

Question 7

Does there have to be causation or/and consensus for there to be aiding?

Answer 7

No causation in the sense the but for assistance the crime would not have happened

No consensus - D can be guilty if their assistance is unforeseen and unwanted and unknown to P

Question 8

What is counselling?

Answer 8

Giving advice or encouragement before the commission of the offence

Question 9

What is required for counselling?

Answer 9

• no causal link required
• must be consensus - act must be done within scope of the advice and the principal offender must know of the counselling
• must be contact between the parties and a connection between the counselling and the offence

Question 10

What is abetting?

Answer 10

It means ‘to incite, instigate or encourage’ at the time the offence is being committed

(Contrast with counselling which is encouragement before the offence is committed)

Question 11

Can you abet by mere presence?

Answer 11

Not necessarily enough to count as abetting but can be in some circumstances

Will depend on the circumstances

Question 12

Can failure to prevent an offence amount to abetting?

Answer 12

Yes where D has the right or duty to control the actions of another and deliberately refrains from exercising it, D’s activity may be a positive encouragement to the other to perform an illegal act amounting to abetting

Question 13

When has there been abetting through failure to prevent an offence?

Answer 13

• where one parent fails to prevent another from killing their children
• where publican stands and watches customers drinking after hours
• where car owner allows their car in their presence to be driven at dangerous speeds
• where employer fails to prevent unlawful acts of employees

Question 14

What is a joint enterprise?

Answer 14

Where two or more people commit a crime together

Question 15

When can accessory liability attach to one of the parties of a joint enterprise?

Answer 15

When in the commission of a joint offence, one of the parties goes on to commit a second crime

That second crime was incidental to the original crime which was a joint enterprise

Question 16

Can a party be liable for any offences committed before they join the enterprise?

Answer 16

No

Question 17

What are the three elements for the mens rea for being an accessory to a crime?

Answer 17

• intention to assist or encourage the principal’s conduct
• if the crime requires a mens rea, an intention that the principal will do the actus reus with that mens rea (procuring exception here)
• knowledge of existing facts or circumstances necessary for the offence to be criminal

Question 18

What is required for an intention to aid or encourage?

Answer 18

D must intend to:

• to do an act which aids or encourages; and
• it to aid or encourage the commission of the crime

Question 19

Is oblique intention enough for intention to aid or encourage?

Answer 19

Yes

Question 20

Is conditional intent enough for an intention that P will commit the crime with the necessary mens rea?

Answer 20

Yes - if conditional intent is such that P will commit a crime with the necessary mens rea

Level of conditional intent somewhere in between foresight that they might do act and virtual certainty that they would do criminal act

Question 21

What question should be ask to ascertain if D had conditional intent that P will commit the crime with the necessary mens rea?

Answer 21

What would D’s attitude be if P did commit the crime?

• if please or accepting then D would have conditional intent for crime to be committed
• if dismayed, then jury cannot find conditional intent and only oblique intent will suffice

Question 22

What knowledge of facts or circumstances are required?

Answer 22

If the offence requires some kind of knowledge such as that the goods are stolen, D needs to know this

Question 23

What kind of knowledge of facts or circumstances is sufficient here?

Answer 23

Wilful blindness - D deliberately shuts their eyes to the obvious

D does not need to know the exact details of the crime which will be committed

Question 24

What if D has a lesser intent then that required by act that P goes on to commit?

Answer 24

Then they can’t be guilty of accessory of more serious offence, but can be guilty of accessory to lesser crime

Question 25

What is required for effective withdrawal?

Answer 25

Withdrawal must be communicated to the principal or law enforcement agency

Question 26

What is the case of withdrawal and spontaneous violence?

Answer 26

Potentially less onerous test for withdrawal for acts of spontaneous violence

Question 27

Can someone be guilty as a secondary party where the principal has been acquitted?

Answer 27

Yes

• where it is clear someone has committed the offence to which D was a secondary party
• where the principal is acquitted because they have a valid defence

Question 28

What is the general rule where it cannot be proved which of the two people committed the crime? What is the exception to the rule?

Answer 28

Generally - both must be acquitted

Exception - if proved that the one who did not commit the crime as principal was nonetheless a secondary party then both can be convicted

Question 29

What is the interaction between the law relating to secondary parties and attempt?

Answer 29

• it is not an offence to attempt to aid, abet, counsel or procure an offence
• if is an offence to aid, counsel or procure an attempt to commit an offence