Parties to a crime Flashcards
What is a principal offender?
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
What is a joint principal offender?
A second party that equally committed the substantive offence
What is a secondary offender?
They do not commit the substantive offence, so not committed the actus reus but has assisted or encouraged the commission of the principle offence
What is an innocent agent?
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
What could make an innocent agent not liable for the offence?
- if they lacked capacity
- if they lacked the mens rea
What are the four elements to the scope of accessorial liability?
- the principal offender must commit a principle offence
- the accessory must aid, abet, counsel or procure the commission of the principle offence
- the accessory must have knowledge of the essential matters for the principle offence
- the accessory must intend to assist or encourage and for the principle offence to be committed
What happens if the elements are met for accessorial liability?
They are liable to be tried and indicted and punished as a principal offender
If the principle offender does not complete the offence can the secondary party be liable as an accomplice?
No, the principal offender has to commit the actus reus of the offence
What does ‘aid’ mean?
To assist, support or help the principal offender
What does ‘abet’ mean?
To incite, instigate, or encourage the principal offender to commit the principle offence
What does ‘counsel’ mean?
To advise or solicit the principal offender to commit the principle offence
What does ‘procure’ mean?
To produce by endeavour - caused in some way the offence to come about
Is there the requirement of causation in respect of aiding, abetting and counselling?
No but there must be some connecting link - the focus is on whether the encouragement was communicated to the principal
What is meant by ‘essential matters’ for the mens rea element of the accomplice?
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
What is the right amount of knowledge the accomplice needs to have?
They know the type of crime committed or the range of crimes that may be committed
What happens when the principal commits an offence unintended by the accomplice?
In order for the accomplice to be liable they would have to have intended for the principal to act with such intent
What are the defences to accessorial liability?
- withdrawal
- overwhelming supervening event
What are the principles of withdrawal?
- 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
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
No
