Parties to a Crime

Question 1

What are the Elements of Accessory Liability?

Answer 1

• Actus Reus : Aiding, abetting, conunselling, procuring, or forming a Joint Enterprise with a Principal to commit an Offence.
• Mens Rea :
  • Intent to assist or encourage the Principal’s conduct.
  • Intent for the Principal to commit the Actus Reus with the requisite Mens Rea.
  • Knowledge of the circumstances that make the Principal’s conduct criminal.

Accessory Liability cannot be an Inchoate Offence.

The Principal is the person who commits the full Offence. If both Parties do so, the Accessory becomes a Joint Principal.

Question 2

What constitutes ‘Aiding’?

Answer 2

Giving help, support or assistance to the Principal in committing the Offence.

Question 3

What constitutes ‘Abetting’?

Answer 3

• To incite, instigate, or encourage the Principal in the commission of the Offence.
• There need be no causal link, but there must be communication.

Mere presence is not necessarily Abetting, but it can be.

Abetting can be committed if the Accessory has right or duty to control the actions of another and deliberately refrains from doing so.

Question 4

What constitutes ‘Counselling’?

Answer 4

• Giving advice or encouragement before the commission of the Offence.
• There need be no causal link, but the acts done must fit within the counselling’s scope.
• The Principal must know of the counselling.

Question 5

What constitutes ‘Procurement’?

Answer 5

Intentionally acting to cause the commission of an Offence, regardless of the Principal’s awareness or consent.

Question 6

What constitutes a ‘Joint Enterprise’?

Answer 6

The joint commission of an Offence.

Question 7

When will a Joint Principal be liable for a Second Crime committed by their Partner in a Joint Enterprise?

Answer 7

• The Joint Principal intends to assist or encourage the Principal’s conduct;
• The Second Crime was committed in the course of, or incidental to, the First Crime; and
• The Joint Principal intended for the Second Crime to occur, or to assist or encourage its commission.

Question 8

What is an Innocent Agent?

Answer 8

• A person through whom the Principal commits the Actus Reus of an Offence, a result usually achieved through deception.
• In such cases, the Principal is treated as having directly committed the Actus Reus.

Minors are automatically classed as Innocent Agents unless proven otherwise.

Question 9

Can an Accessory Withdraw?

Answer 9

Yes, but Withdrawal:

• Must take place before any assistance is used to commit the Offence; and
• Must be unequivocally communicated the Principal and law enforcement.

Where Withdrawal occurs after providing assistance, further action will be necessary to neutralise its effects.

Question 10

Can an Accessory Withdraw from Spontaneous Violence?

Answer 10

Yes, namely by taking action to withdraw from the Principal and the Offence being committed.

Communication is not necessary for Withdrawal from spontaneous violence.

Question 11

Can an Accessory be Convicted with the Principal is Acquitted?

Answer 11

• Yes, namely if there sufficient evidence to convict the former but not the latter; however
• If it cannot be proven which of two committed the Crime, both must be acquitted; unless
• The Prosecution can prove which was the Accessory.