Parties to a crime

Question 1

What are the 4 forms of AR to be an accessory?

Answer 1

• aiding
• abetting
• counselling
• procuring

Question 2

What is the difference between abetting and counselling?

Answer 2

Timing
Abetting is encouraging during the offence, counselling before it

Question 3

Is there any accessory liability if only becomes involved after the offence is committed?

Answer 3

No

Question 4

Which accessory AR require a mental link between D and the accessory?

Answer 4

Abetting and counselling

Question 5

Which accessory AR require a causal link between D and the accessory?

Answer 5

Procuring

Question 6

What are the 2 MR elements to accessory liability?

Answer 6

• intention to do the act/say the words, and
• knowledge of the relevant circumstances (facts that make D’s conduct criminal)

Question 7

What is the consequence of D and the accessory having different MR, or D departing from the original plan?

Answer 7

It depends on the accessory’s MR (if D departs from plan, accessory must’ve intended to assist/encourage the new offence)

Question 8

How can participation be withdrawn before the offence?

Answer 8

By timely and unequivocal communication of withdrawal