Parties to a crime Flashcards
Who are considered principal offenders?
The person who, with the appropriate MR, commits the AR of an offence
There can be more than one principal offender, leading to joint principals.
What are innocent agents in criminal law?
A person may be guilty of an offence as a principal, even if another person actually commits the AR
Examples include situations where the person carrying out the AR is under the age of criminal liability (R v Michael) or is deceived (R v Stringer and Banks).
What are secondary parties in criminal law?
Does not commit a substantive offence
Prosecution does not need to allege that a defendant was a principal or an accessory; it is sufficient to prove involvement.
What is accessorial liability as defined in The Accessories and Abettors Act 1861?
Liability is from the conduct of the principal offender, not the guilt/conviction of the principal offender
A principal could be acquitted due to a valid defence or may never be found.
What are the five ways a secondary party can be liable?
- To aid P in committing the offence
- To abet P in committing the offence
- To counsel P in committing the offence
- To procure P to commit the offence
- To be a party to a joint enterprise with P
What does it mean to aid a principal in committing an offence?
To give help, support or assistance
No causation
Yes consensus
What is required to abet a principal in committing an offence?
Encouragement at the time the offence is being committed - Mere presence at the scene is not enough (R v Coney).
No casuation
Yes consensus
When may failure to stop D performing an act constitute abetting?
Where D has the right or duty to control the actions of another and deliberately refrains from exercising it, D’s inactivity may be a positive encouragement to the other to perform an illegal act and would therefore be abetting (R v Russell)
What does it mean to counsel a principal in committing an offence?
To give advice or encouragement before the commission of the offence
Yes consensus
No causation
What is required to procure a principal to commit an offence?
To produce by endeavour
There must be a causal link between D’s act and the commission of the offence (Beatty v Gillibanks).
What is a joint enterprise in criminal law?
To be a party to a joint enterprise with P regarding one offence, and during the enterprise, P commits a second, different offence
Must aid/abet/etc during the commission or before the offence, not after.
What is mens rea?
- D intends to do the act which aids or encourages
- D intends their action to aid or encourage the commission of the crime
- An intention that the principal will do the AR with the MR (except for procuring)
- Knowledge of existing facts or circumstances necessary for the offence to be criminal
Is it sufficient if D intends that their action might assist the crime?
Yes, it is sufficient that it might assist in the crime (R v Jogee).
Can D have conditional intent?
Yes, D can have conditional intent.
What happens if D1 intends D2 to do serious harm and V dies?
D1 will still be liable for murder.
Must D know the exact details of the crime?
No, D need not know the exact details.
What does knowledge include in the context of mens rea?
- Knowing the circumstances which form the actus reus of the principal offence
- Knowledge includes wilful blindness/knowledge that P may commit any one of a number of crimes, including the one which he does commit
What must a secondary party do to withdraw their help or encouragement?
The withdrawal must be communicated to the principal or law enforcement agency.
R v O’Flaherty, R v Rook
Is communication necessary for withdrawal from spontaneous violence?
No, communication is not necessary for withdrawal from spontaneous violence.
R v Mitchell and King, R v Robinson
Is there a requirement to take all reasonable steps for withdrawal?
No, there is no need to take all reasonable steps.
Can a secondary party be convicted while the principal is acquitted?
Yes, a secondary party can be convicted while the principal is acquitted due to insufficient evidence or if the principal could not be found.
What is an overwhelming supervening event?
It is when the principal acts in a manner that nobody in the defendant’s shoes could have contemplated, which may absolve D from liability.
What is transferred malice?
D will not be liable if he and the principal have agreed on a particular victim, but the principal offender deliberately commits the offence against a different victim.
Is it an offence to attempt to aid, abet, counsel, or procure an offence?
No, it is not an offence to attempt to aid, abet, counsel, or procure an offence according to section 1(4)(b) of the Criminal Attempts Act 1861.
What is a joint enterprise?
D1 and D2 have a common intention to commit crime A, and D1 commits crime B as an incident of committing crime A.
What is required for liability in a joint enterprise case?
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 an important requirement for crime B in a joint enterprise?
Crime B must be committed in the course of or be incidental to crime A.
