Parties to an Offence Flashcards
what is a counsellor?
individual who INITIATES the idea of the CRIME that is TO BE COMMITTED or who ADVISES the principal actor as to HOW to commit the crime. possible for the counsellor to be guilty and the principal actor not (ex. adult makes a child commit a crime)
what is a perpetrator (principal actor)?
individual who COMMITS the PHYSICAL ACT or CRIME
what is a co-conspirator?
anyone ASSISTING in the PLANNING or COMMITTING of a crime. when counsellors and perpetrators come together, they are co-conspirators
what is conspiracy?
an AGREEMENT between TWO OR MORE people to do something ILLEGAL (doesn’t have to happen, even the planning is an offence)
what is an accessory/ accomplice?
someone who ASSISTS the principal actor but DOES NOT COMMIT a crime (aiding and abetting)-may not know the details of the crime they are contributing to
what is solicitation?
the crime of INTENTIONALLY ENTICING, INCITING, ORDERING, or ENCOURAGING another person to commit a CRIME. the crime does not actually need to be committed for solicitation to occur
what is a procurer?
the person who SOLICITS the aid of others or materials to commit a crime (can get you things)
what is aiding a crime?
to ASSIST in the COMMITTING of a CRIME
what is abetting a crime?
to ENCOURAGE the COMMITTING of a CRIME
what two things must be proven to be convicted for aiding and abetting?
the accused KNEW there was INTENT to commit a CRIME (mens rea), the accused AIDED or ENCOURAGED the committing of a CRIME before, during, or after the fact (actus reus). note: being at the crime scene is not enough, must participate in some way
what is accessory, after the fact?
crime of HELPING someone who has committed a CRIME HIDE or ESCAPE detention/ capture (spouse does not count-legally you are the same person)
what is a key factor when being charged as an accessory, after the fact?
KNOWLEDGE (have to know you are hiding a criminal)
