Parties to a Crime

Question 1

How are secondary parties to a crime charged / prosecuted?

Answer 1

In the same way as the principal offender.

Question 2

What are the ways in which a person can be party to a crime?

Answer 2

• Aiding
• Abetting
• Counselling
• Procuring
• Joint enterprise

Question 3

What is aiding?

Answer 3

1) Doing something before the commission of the offence to aid the principal
2) intention to assist or encourage
3) Intention that P will do actus reus and mens rea
4) Knowledge of facts and circumstances necessary to make offence criminal

• Principal need not know
• Must be connected but not causal

Question 4

What is counselling?

Answer 4

1) Advising or encouraging the principal before commission of the offence
2) Intention to assist / encourage
3) Intention that P will do actus reus and mens rea
4) Knowledge of facts and circumstances to make it criminal

• Must be connected but not causal
• Principal must have knowledge but need not influence principal

Question 5

What is abetting?

Answer 5

1) Inciting, instigating or encouraging the offence at time of commission
2) Intention to assist / encourage
3) Intention that P will do actus reus with mens rea
4) Knowledge of circumstances to make offence criminal

• Must be connection, need not be causal
• P must have knowledge
• May include where D has duty / right to control others and refrains (e.g watching as wife drowns children).

Question 6

What is procuring?

Answer 6

1) Produce by endeavour

• Causal link between procurement and commission of offence.
• P need not have knowledge (e.g adding drugs to drink without Ps knowledge).

Question 7

What is joint enterprise?

Answer 7

Where D1 and D2 have a common intention to commit crime X but in the course of doing so, D1 commits crime Y.

1) Intention to aid, abet, counsel or procure D1 conduct
2) Intention that D1 will do actus reus with mens rea (unless procuring)
3) Knowledge of facts and circumstances to make offence criminal

Question 8

What would amount to knowledge of circumstances making the offence criminal?

Answer 8

Enough to know P will commit a number of crimes, including the one he does commit.

For theft = property belongs to another
For sexual assault = victim does not consent

Question 8

What amounts to an effective withdrawal?

Answer 8

Unequivocal communication of a change of mind to principal or law enforcement before the act of assistance.

Whether it is effective is a question of fact and degree for the jury:
* consider extent of assistance given so far
* Imminence of harm
* Nature of action of withdrawal (“come on let’s go = not enough), may require physical intervention.

Question 9

What happens to the secondary party if the principal is acquitted?

Answer 9

D may be convicted as long as clear offence was committed by someone.

If it cannot be proved which one committed the crime, both must be convicted.

If can be shown secondary party is guilty, principal can also be convicted.