Parties To Acrime Flashcards
What are the parties to a crime?
Parties to a crime include principal offenders, accessories, and parties to a joint enterprise.
Who is the principal offender?
The principal offender is the person who, with appropriate mens rea, commits the actus reus of the offence.
Can there be more than one principal offender?
Yes, there can be more than one principal offender if multiple individuals commit the actus reus together with the necessary mens rea.
What is an innocent agent?
An innocent agent is a person who may be guilty of an offence as a principal, even if another person actually performs the actus reus.
What is the significance of R v Michael (1840)?
In R v Michael, a woman who gave poison to a child was deemed the principal offender, even though the child administered it to the victim.
What does the Accessories and Abettors Act 1861 s 8 state?
It states that anyone who aids, abets, counsels, or procures the commission of any offence shall be liable to be tried and punished as a principal offender.
What are the five ways someone can be liable as an accessory?
- To aid
- To abet
- To counsel
- To procure
- To be a party to a joint enterprise.
What is required for actus reus in accessorial liability?
The actus reus can be any of the following: aiding, abetting, counselling, procuring, or being a party to a joint enterprise.
What is the mens rea for being an accessory?
The mens rea includes an intention to assist or encourage the principal’s conduct and knowledge of existing facts necessary for the offence.
What must a secondary party do to withdraw from a crime?
A secondary party must communicate their withdrawal to the principal or law enforcement; mere change of mind is not sufficient.
What did R v O’Flaherty (2004) establish about withdrawal?
It established that mere repentance does not suffice for withdrawal; actions must demonstrate disengagement from the joint enterprise.
Is it possible for a secondary party to be convicted while the principal is acquitted?
Yes, a secondary party can be convicted even if the principal is acquitted due to insufficient evidence.
What is the significance of R v Russell and Russell (1987)?
In this case, both parents were convicted of manslaughter for their child’s death, regardless of which parent administered the drug.
What does it mean to aid in the context of accessorial liability?
To aid means to give help, support, or assistance to the principal offender in carrying out the principal offence.
What does counselling mean in accessorial liability?
Counselling means giving advice or encouragement before the commission of the offence.
What is the definition of abetting?
Abetting is defined as inciting, instigating, or encouraging at the time the offence is being committed.
Can mere presence at the scene of a crime be considered abetting?
No, mere presence is not necessarily enough to count as abetting.
What is the role of a secondary party in a joint enterprise?
In a joint enterprise, all parties committing the crime together can be held liable for the offences committed.
What is a joint enterprise?
A joint enterprise is where two or more people are committing a crime together.
What happens if one party commits a different crime during a joint enterprise?
The issue of accessorial liability arises when one of the parties goes on to commit a different crime.
What did Lord Philips describe in R v Gnango regarding joint enterprise?
D1 and D2 have a common intention to commit crime A. D1, as an incident of committing crime A, commits crime B.
What is required for liability under joint enterprise?
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.
Can a party be liable for offences committed before joining the enterprise?
No, a party cannot be liable for any offences committed before they join the enterprise.
What is mens rea in the context of aiding or encouraging a crime?
The mental element in assisting or encouraging is an intention to assist or encourage the commission of the crime, requiring knowledge of any existing facts necessary for it to be criminal.
What are the three parts of mens rea as broken down by Smith, Hogan and Ormerod?
- An intention to assist or encourage the principal’s conduct. 2. An intention that the principal will do the actus reus with that mens rea. 3. Knowledge of existing facts or circumstances necessary for the offence to be criminal.
What does mens rea require in terms of intention?
D must intend to do the act which aids or encourages and intend it to aid or encourage the commission of the crime.
What was held in Lynch v DPP for Northern Ireland regarding intention?
It was held that intention in this context does not mean desire; there is no need for direct intent, only oblique intent is sufficient.
What is conditional intention in the context of joint enterprise?
It is enough that D has a conditional intent that P will commit a crime with the necessary mens rea.
What did Jogee state about liability for serious harm?
If D1 intends D2 to do serious harm to the victim, D1 will be liable for murder when D2 injures the victim with intent to do serious harm.
What does knowledge of the facts or circumstances require?
If the offence requires goods to be stolen, D needs to know that they are stolen; if it requires lack of consent, D must know that the victim does not consent.
What was the outcome of Johnson v Youden regarding knowledge?
The convictions of the solicitors were quashed because they had no knowledge of the facts which gave the transaction its criminal character.
What is the significance of wilful blindness in knowledge?
A defendant who deliberately shuts their eyes to the obvious will be deemed to have knowledge.
What happens if a person is party to a violent attack without intent to kill?
They will be not guilty as an accessory to murder but can be guilty as a principal for the crime of manslaughter.
What is the actus reus for accessorial liability?
- To aid P in committing the offence. 2. To abet P in committing the offence. 3. To counsel P in committing the offence. 4. To procure P to commit the offence. 5. To be a party to a joint enterprise with P regarding one offence.
What is the mens rea required for accessorial liability?
An intention to assist or encourage the principal’s conduct, including conditional intent and knowledge of existing facts.
