Parties to a Crime

Question 1

Principal
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Principals in the First Degree
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Principals in the Second Degree

Answer 1

the person whose individual conduct satisfies the definition of the offence in question; the actual perpetrator. He is the one who, whether by himself or via an agent, with the requisite MR, does the sufficient act for the AR.

PFD
This is the actual perpetrator of the offence and is, generally, the person who solicits the commission of the offence.

PSD* is an individual who hasn’t been indicated in the crime as PFD but aided and abetted its commission by his presence and encouragement.

Question 2

*Macklin v Murphy:

Answer 2

There can be more than one principal as in the case where two people by their joint and aggregate violence kill another.
An accessory is one who aids, abets, counsels or procures the commission of the offence.

Question 3

*Accessories & Abettors Act 1861:

Answer 3

an accessory is liable to be tried and punished for that offence as a principal offender.

Question 4

*Coney:

Answer 4

Mere presence at the scene of an offence & failure to intervene or prevent it is generally insufficient to render such a person liable as PSD, although it may provide prima facie but not conclusive evidence of an intention to encourage the PFD.

Question 5

*Clarkson; *Bland:

Answer 5

this may be established by proving the accused was present as a result of a prior agreement that the offence be committed and that the individual did some positive act of assistance/encouragement knowing the circumstances which constitute the offence.

Question 6

*Allan:

Answer 6

A was present at the scene of an affray but was passive offering no encouragement to those involved although he had a secret intention to join in if help was needed by the side he favoured.
CA held: “In our judgement, before a jury can properly convict an accused person of being a PSD to an affray, they must be convinced by the evidence, that, at the very least, he by some means or other encouraged the participants. To hold otherwise would be, in effect, to convict a man on his thoughts, unaccompanied by any physical act other than the fact of his mere presence.”
A persons present during the commission of an unlawful act (not merely as onlookers) but encouraging the accused to do the act are PSD in respect of the offence.
Accessory Before the Fact

Question 7

Accessory Before the Fact
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Accessory After the Fact

Answer 7

This is an individual who though not physically present during the commission of a felony, procures, counsels or assists in its preparation. The major difference b/w a PSD and an ABF is the lack of presence at the commission of the offence.

In SL to qualify as an AAF the following elements must be proved:
An unlawful act must have been committed by the persons aided/abetted.
The AAF must not be present at the time the unlawful act is committed.
The individual must have knowledge that an unlawful act has been committed, although he need not know the full facts.
He must act to aid the Principal in escaping or concealing the act.

Question 8

*R v Brown:

Answer 8

To qualify as an ABF to a felony, a person must be absent at the time of the commission and the act must be done in consequence of some counselling or procurement on his part.