Parties to a crime Flashcards
What is an innocent agent?
person guilty of offence as a principal even if another performs the AR
What are the ways in which someone can be liable as an accessory?
- Aids
- Abets
- Counsels
- Procures
- Party to a joint enterprise
What does procuring mean?
To produce by endeavour, must be a causal link
Is someone aiding even if it was unwanted/unforseen/unknown by the principal offender?
Yes
Will someone be aiding if they help after the offence?
No
What is counselling?
Giving advice or encouragement before the commission
What is abetting?
Encouraging at the time the offence is committed
Will failure to prevent an offence amount to abetting?
Yes if they have a right/duty to control actions and refrain
What is joint enterprise?
Two or more people committing a crime together
Where defendant 1 goes on to commit a different crime during joint enterprise, how may a defendant 2 be liable as an accessory?
- party to joint enterprise
- D2 had mens rea for an accessory
- different crime committed in the couse of/incidental to original crime
What is the mens rea for assisting/encouraging a crime?
- Intention to assist/encourage
- If crime requires MR, an intention that principal will do AR with that MR
- knowledge of existing facts necessary for it to be criminal
How is the ‘intention to assist/encourage’ part of the mens rea for secondary liability applied?
o D must intend:
*To do act which aids/encourages
*It to aid/encourage commission
Will a defendant have the necessary mens rea as an accessory even if they have no further interest in whether or not the principal commits the crime?
Yes
Is oblique intention to assist/encourage a crime enough?
Yes
Will conditional intent for the ‘intention that the principal commits the crime with the necessary mens rea’ part of accessory liability be enough?
Yes if they had more than foresight, need not be definite
When is the relevant time for the mens rea of accessory liability?
At the time of assistance
What is the minimum necessary for withdrawal from being an accessory?
Unequivocal communication of intention to withdraw
When must withdrawal take place?
Before act of assistance
What considerations are taken into account for withdrawal?
- nature of assistance/encouragement already given
- how imminnent infliction of injuries
- nature of act constituting withdrawal
When is communication of withdrawal not required?
Spontaneous violence
When is it possible that a secondary party is convicted whilst a principal is acquitted?
- Insufficient evidence/P cannot be found
- P has a defence
If it can’t be proven that one of two people committed a crime, will they be liable for an offence?
General rule = acquit both
If it can be proven that whoever didn’t commit was an accessory, both can be convicted
How does accessory liability interact with attempts?
- Attempt to aid/abet/counsel/procure = not an offence
- Aid/abet/counsel/procure an attempt to commit an offence = an offence
