Parties to a crime

Question 1

What is a principal offender?

Answer 1

The party that commits a substantive criminal offence - the actual perpetrator of the offence in that they have satisfied the mens rea and actus reus

Question 2

What is a joint principal offender?

Answer 2

A second party that equally committed the substantive offence

Question 3

What is a secondary offender?

Answer 3

They do not commit the substantive offence, so not committed the actus reus but has assisted or encouraged the commission of the principle offence

Question 4

What is an innocent agent?

Answer 4

Someone who commits the actus reus of a principle offence, following the direction from another individual but for some reason they cannot be liable for the offence

Question 5

What could make an innocent agent not liable for the offence?

Answer 5

• if they lacked capacity
• if they lacked the mens rea

Question 6

What are the four elements to the scope of accessorial liability?

Answer 6

1. the principal offender must commit a principle offence
2. the accessory must aid, abet, counsel or procure the commission of the principle offence
3. the accessory must have knowledge of the essential matters for the principle offence
4. the accessory must intend to assist or encourage and for the principle offence to be committed

Question 7

What happens if the elements are met for accessorial liability?

Answer 7

They are liable to be tried and indicted and punished as a principal offender

Question 8

If the principle offender does not complete the offence can the secondary party be liable as an accomplice?

Answer 8

No, the principal offender has to commit the actus reus of the offence

Question 9

What does ‘aid’ mean?

Answer 9

To assist, support or help the principal offender

Question 10

What does ‘abet’ mean?

Answer 10

To incite, instigate, or encourage the principal offender to commit the principle offence

Question 11

What does ‘counsel’ mean?

Answer 11

To advise or solicit the principal offender to commit the principle offence

Question 12

What does ‘procure’ mean?

Answer 12

To produce by endeavour - caused in some way the offence to come about

Question 13

Is there the requirement of causation in respect of aiding, abetting and counselling?

Answer 13

No but there must be some connecting link - the focus is on whether the encouragement was communicated to the principal

Question 14

What is meant by ‘essential matters’ for the mens rea element of the accomplice?

Answer 14

That the accomplice know the circumstances which form the actus reus of the principal offence that might be committed, and that the principal would act with the requisite mens rea for the principal offence - must know that the principal will commit both the actus reus and mens rea

Question 15

What is the right amount of knowledge the accomplice needs to have?

Answer 15

They know the type of crime committed or the range of crimes that may be committed

Question 16

What happens when the principal commits an offence unintended by the accomplice?

Answer 16

In order for the accomplice to be liable they would have to have intended for the principal to act with such intent

Question 17

What are the defences to accessorial liability?

Answer 17

1. withdrawal
2. overwhelming supervening event

Question 18

What are the principles of withdrawal?

Answer 18

• withdrawal must be communicated - positive action needs to be taken, just not showing up is not enough
• it can be before or during the commission of the offence

Question 19

Will the accomplice be liable in circumstances where they have agreed with the principal offender on a particular victim and the principal deliberately commits the offence against a different victim

Answer 19

No