Parties to a crime Flashcards
What is a principal offender?
The person who, with appropriate mens rea, commits the actus reus of the offence. It is always possible to have more than one principal.
What is an innocent agent?
A person may be guilty of an offence as a principal, even if another person actually performs the actus reus e.g. under the age of criminal liability/deceived as to what they are doing.
What is the rule regarding withdrawal from an offence?
The general rule is that it is not enough to just have a change of mind-something must be done and, at the very least, the withdrawal must be communicated to the principal or a law enforcement agency.
R v Rook (1993): unequivocal communication of an intention to withdraw is required.
Is it an offence to attempt to aid, abet, counsel or procure an offence?
No, this will not be an offence: s1(4)(b) Criminal Attempts Act 1861.
What are the five ways in which someone can be liable as an accessory (the actus reus)?
- To aid
- To abet
- To counsel
- To procure
- To be a party to a joint enterprise
What does it mean to procure an offence?
AG’s Ref (No 1 of 1975): to procure means to produce by endeavour.
Beatty v Gillibanks (1882): there must be a causal link between D’s act and the commission of the offence.
What does it mean to aid an offence and provide an example?
This requires the accessory to give help, support or assistance to the principal offender in carrying out the principal offence.
Supplying materials or tools to commit the offence, Thambiah v R (1966).
Holding down a victim in assault, R v Clarkson (1971).
What does it mean to counsel an offence?
This has been held to mean giving advice or encouragement before the commission of the offence.
R v Calhaem (1985): there must be contact between the parties and a connection between the counselling and the offence. The act must be done within the scope of the advice and the principal offender must know of the counselling e.g. there must be consensus.
What does it mean to abet an offence?
To incite, instigate or encourage at the time the offence is being committed. There need be no causal link and there must be communication.
What is a joint enterprise?
A joint enterprise is where two or more people are committing a crime together.
What is required to be liable under the principle of joint enterprise?
To be liable under this principle there is no need to show that D2 aided or encouraged the offence-it is enough that D2 was a party to the joint enterprise and had the relevant mens rea for an accessory.
What is the mens rea for secondary parties?
The mental element in assisting or encouraging is an intention to assist or encourage the commission of the crime and this requires knowledge of any existing facts necessary for it to be criminal…if the crime requires a particular intent, D2 must intend to assist or encourage D1 to act with such intent.
What are the three parts of the mens rea for secondary parties?
- An intention to assist or encourage the principal’s conduct.
- If the crime requires a mens rea, an intention that the principal will do the actus reus with that mens rea.
- Knowledge of existing facts or circumstances necessary for the offence to be criminal.
