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.
