Parties To A Crime

Question 1

What is an innocent agent?

Answer 1

A person can be guilty of an offence as a principle even if another person actually performs the actus reus

Question 2

What are the 5 ways a person can be liable as an accessory as outlined in r v jogee?

Answer 2

1. To Aid
2. To abet
3. To counsel
4. To procure
5. To be a party to joint enterprise

Question 3

What is the law on withdrawal?

Answer 3

It is not enough for a person to have just changed their mind. They need to communicate withdrawal with the principal or a law enforcement (further acts depending on the case may be necessary as well)

Question 4

When must withdrawal take place?

Answer 4

It needs to take place before the act of assistance

(Where D has supplied principal with the means of committing the crime and has given assistance, this will be less easily neutralised than where D has just given advice)

Question 5

When is the relevant time for men’s rea for parties to a crime?

Answer 5

Relevant time for men’s rea is at the tune of the act of assistance, not at the time when the principal commits the crime

Question 6

When is communication of withdrawal necessary?

Answer 6

Necessary when it is pre-planned violence not spontaneous violence

Question 7

Is it possible to convict a secondary party but acquit the principal?

Answer 7

Yes it is possible, could acquit principal when there is insufficient evidence or principal could not be found.

As long as it is clear that someone has committed the offence to which D was a secondary party, D can be convicted.
Principal may also have a defence.

Question 8

If it cannot be proved which of the two people committed the crime - what happens?

Answer 8

Both must be acquitted, however, if it can be proved that the one who didn’t commit the crime as a principal was a secondary party to the crime, then both can be convicted.

Question 9

Which one is an offence? 1 or 2
1. To attempt to aid, abet, counsel or procure an offence
2. To aid, abet, counsel or procure an attempt to commit an offence

Answer 9

Number 2 is an offence
As cannot be found guilty as an accessory for an attempt

Question 10

What does it mean “to procure P to commit the offence”?

Answer 10

To produce by endeavour, there must be a causal link between D’s act and P’s commission of the offence.

Question 11

What does it mean “to aid P in committing the offence”?

Answer 11

Giving help, support or assistance before or at the time of the offence eg, giving information, supplying tools or driving P

Question 12

What does it mean “to counsel the P into committing the offence”?

Answer 12

Giving P advice or encouragement before the offence is committed. There must be contact and consensus between P and D along with a connection between the advice and the crime, causation isn’t needed.

Question 13

What does “to abet P in committing the offence” mean?

Answer 13

Incite, instigate or encourage P at the time of the offence which must be communicated to P. Mere presence at the scene of the crime is not necessarily enough. If D has a right or duty to control the actions of another and refrain from doing so, this can be abetting eg, parent, employer

Question 14

What is joint enterprise?

Answer 14

Where two or more people are committing a crime together.

Question 15

What are the key principles of joint enterprise? (Do they need to show aid or encouragement)

Answer 15

No they don’t need to show aiding or encouraging the offence, it is enough that D2 was party to the joint enterprise and had the relevant men’s rea for an accessory.

A party cannot be liable for any offence committed before they join the enterprise

Question 16

What are the 3 points of men’s Rea for secondary parties/accessorial liability?

Answer 16

1. An intention to assist or encourage the principals conduct
2. If the crime requires a men’s Rea, an intention that the principal will do the actus reus with that men’s Rea
3. Knowledge of existing facts or circumstances necessary for the offence to be criminal

Question 17

What are the two elements needed to prove men’s Rea via “an intention to aid or encourage”?

Answer 17

D must intend:
1. To do the act which aids or encourages; and
2. It to aid or encourage the commission of the crime

(Intention does not mean desire)

Question 18

What are the two elements needed to prove men’s Rea via “an intention to aid or encourage”?

Answer 18

D must intend:
1. To do the act which aids or encourages; and
2. It to aid or encourage the commission of the crime

(Intention does not mean desire)

Question 19

What factors should be considered when deciding mens Rea “an intention that the principal will do the actus reus and men’s Rea”?

Answer 19

Conditional intention is enough (jury should consider what D’s attitude would be if P did commit the crime eg, would they be happy if they did it)
Crimes where mens Rea doesn’t correspond with the actus reus (eg, intends D2 to do serious harm to victim but D2 actually kills then D1 is liable for murder)

Question 20

If D1 intends to do serious harm to V, and D2 injurs V with intent to do serious harm snd V dies as a result = what liability does D1 have?

Answer 20

D1 can be found liable of murder (despite the fact D1 could not be said to have intended murder to be committed)
Under an intention that P will commit the crime with the necessary men’s Rea

Question 21

What elements are there for men’s Rea in “knowledge of existing facts or circumstances necessary for the offence to be criminal”?

Answer 21

A D who deliberately shuts their eyes to the obvious risk has knowledge
D need not know the exact details of the crime which will be committed eg, V’s identity, the day of the crime or P may commit any one of a number of crimes including the crime which P does in fact commit

Question 22

What happens to D’s with a lesser intent? Eg, person is party to an attack on another, without intent to assist in causing death or really serious harm but the violence escalates and results in death

Answer 22

For this example: the person will not be guilty as an accessory to murder but can be guilty as a principal for the crime of manslaughter