Parties to a crime Flashcards
What are principle offenders?
The principle is the person who with appropriate mens rea, commits the actus reus of the offence. It is always possible to have more than one principle.
E.g. committing a burglary together - joint principles
What are innocent agents?
In some circumstances, a person may be guilty of an offence as a principle even if another person actually performs the actus reus. This occurs where the person acting can be described as an ‘innocent agent’.
E.g.
- A woman gave a child a dose of poison and the child gave it to the victim - the woman was the principal offender.
- An employer told his employees to make accounting transactions which (unknown to them) resulted in fraudulent transfers. The employer was the principal and the employees were innocent agents.
Who are secondary parties?
These are people who are accessories to a crime. There are five wars in which someone can be liable as an accessory:
1. To aid
2. To abet
3. To counsel
4. To procure
5. To be a party to a joint enterprise
These are ‘assisting or encouraging the commission of the principal’s offence’ (except for procuring)
Can a party withdraw their help or encouragement from a crime?
It is not enough to have a change of mind. Something must be done, and at the very least, the withdrawal must be communicated to the principal or a law enforcement agency.
Withdrawal must take place before the principal commits the crime (as the mens rea is at the time of assistance)
Minimum: unequivocal communication of intention to withdraw - it may be further steps are necessary to neutralise their actions.
May be less onerous for acts of spontaneous violence.
Can someone be convicted as a secondary party if the principal is acquitted?
Yes it is possible.
- not enough evidence for principal, has a valid defence, could not be found
What happens if it can not be proven which of the two people committed the crime?
General rule: if it cannot be proved which of the two people committed the crime, both must be acquitted.
However, if it can be proved that the one who did not commit the crime as the principal was a secondary party to the crime, they both can be convicted as secondary parties.
Is aiding, abetting, counseling or procuring an inchoate?
No it is not an offence to attempt to aid, abet, counsel or procure an offence.
It is an offence to aid, abet, counsel or procure an attempt to commit an offence.
What is procuring?
Means to produce by endeavour.
e.g. adding alcohol to someones drink
Must be a causal link between D’s act and the commission of the offence.
What is aiding?
It requires the accessory to give help, support or assistance to the principal offender in carrying out the principal offence.
Examples:
- supplying materials or tools to commit the offence
- giving information which helps the principal to commit a crime
- holding down a victim in assault
No need for consensus or for causation.
Assisting before or after the fact
Before the fact: one who helps before the crime - aiding
After the fact: no longer an offence, would fall under “assisting an offender” s4 Criminal Law Act 1967
What is counselling?
Giving advice or encouragement before the commission of the offence.
No need for causal link (ie no need to apply a but for test) - but there must be a connection between the counselling and the offence. Must be done within the scope of the advice and the principal offender must know of the counselling.
What is abetting?
Inciting, instigating or encouraging.
Suggested it means encouraging at the time the offence is being committed. (counselling is before).
There need be no casual link and there must be communication - the principal must know they are being abetted.
Must be more than mere presence at the scene.
Abetting: failure to prevent an offence
Where D has the right or duty to control the actions of another and deliberately refrains from exercising it, D’s inactivity may be positive encouragement to the other to perform an illegal act and would therefore be abetting.
e.g.
- man who watched his wife drown their children was guilty of aiding and abetting
- if a licensee of a pub stands by and watched their customers drinking after hours, the licensee is guilty of aiding and abetting them in doing so
- could be convicted for abetting speeding is in control could and ought to have prevented someone from driving in a dangerous manner
What is joint enterprise?
Where two people (or more) are committing a crime together and then one of the parties goes on to commit a different crime.
No need to show enouragement or aid.
Crime B must be committed in the course of or be incidental to crime A. e.g. during a burglary D1 stabs the homeowner.
Enough for D2 to be party to the joint enterprise and had the relevant mens rea for an accessory.
What is the mens rea for secondary party?
Three parts:
1) An intention to assist or encourage the principal’s conduct
2) If the crime requires a mens rea, an intention that the principal will do the actus reus with that mens rea. (procuring is an exception)
3) Knowledge of existing facts or circumstances necessary for the offence to be criminal.