Parties to Crime

Question 1

Where can the quote for parties to crime be found?

Answer 1

Accessiores and Abettors Act 1861 s8
amended by Criminal Law Act 1977

s44 of the Magistrates Courts Act 1980 has a similar provision for summary offences

Question 2

R v Gnago

Answer 2

Facts: D + P involved in a shootout P’s shot missed and killed an innocent bystander, D was charged with murder through doctrine of complicity

Judgment: Guilty

L.P: -D was liable because he assisted or encouraged P to shoot

Question 3

Principal offender:

Answer 3

Commits both MR and AR of principal offence

Question 4

Co-principal:

Answer 4

D and another each commit AR + MR

Question 5

R v Michael

Answer 5

Facts: D gave a nurse a drug to administer to her baby with the intention of killing it
Nurse left drug on mantelpiece and her 5 yr old administered it to V

Judgement: She was guilty of murder

L.P: -The nurse and child were innocent agents
- D remained cause of V’s death

Question 6

D as an accomplice:

Answer 6

Rather than committing AR of offence, they aided, abetted, counselled or procured.

Question 7

R v Giannetto

Answer 7

Facts: D threatened to kill his wife and hired someone to do it but it wasn’t clear who killed her
D was charged with murder as either principal offender or accomplice

Judgment: Guilty

L.P: D may be liable even where the jury were not unanimous on what role D played -> as long as principal/accomplice

Question 8

Aiding:

Answer 8

Should be read as assisting

• D can assist before principal offence or at the time
• P doesn’t have to be aware of D’s help

Question 9

Abetting:

Answer 9

Should be read as encouraging

• Can encourage positively (instigating) or negatively (threatening)
• Merely being present not enough

Question 10

R v Clarkson

Answer 10

Facts: D1 and D2 entered a room in their barracks where a woman was being raped by other soldiers
They only remained present and didn’t do anything

Judgment: Not guilty

L.P: Voluntary presence capable of satisfying AR but not MR
D1 and D2 did not assist or encourage the rape by their presence

Question 11

Counselling:

Answer 11

Should also be read as encouraging

Question 12

Can D assist/encourage via omission?

Answer 12

Yes

Question 13

Du Cros v Lambourne

Answer 13

Facts: D was charged with driving a motor vehicle at a dangerous speed but it wasn’t clear if he was driving or a passenger

Judgment: Guilty

L.P: Either driving or assisted P’s speed by failing to intervene (was D’s car)

Question 14

R v Martin

Answer 14

D (supervising a learner driver) allowed P to drive dangerously resulting in deaths

Question 15

R v Bryce

Answer 15

Facts: D drove P to a place to enable P to kill V knowing he would do this
P killed V 12 hours later

Judgment: Guilty

L.P: Despite time delay D’s acts continued to provide some assistance to the murder
-Court said that a composite phrase (aid, abet, counsel or procure) can be used as all show some form of casual connection

Question 16

Procuring:

Answer 16

Produce by endeavour

Casual role in principal offence

Question 17

A.G’s Reference (no 1 1975)

Answer 17

Facts: D laced P’s drink with alcohol knowing he would be driving home

Judgment: Guilty

L.P: D had procured P’s offence

Question 18

Cogan v Leek

Answer 18

Facts: D told V to have sex with P
P did not know V was not consenting and was charged with rape

Judgment: P’s appeal allowed

L.P: D’s conviction was upheld despite P’s innocence, he procured the offence of rape

Question 19

R v Jogee and Ruddock

Answer 19

Facts: combined cases where D forsaw P might harm V but did not intend him to

Judgment: Not guilty

L.P: Complicty liability requires D to intend to assist or encourage P to commit principle offence
-Foresight is no longer sufficient, its merely evidence of intent

Question 20

DPP for NI v Maxwell

Answer 20

Facts: D drove P to a pub knowing he intended to attack but he didn’t know it is was murder, robbery or explosives -> P bombed pub and D charged with accessory to explosives offence

Judgment: Guilty

L.P: D does not need to know details of P’s offence, only the essential will matter

Question 21

Thornton v Mitchell

Answer 21

Where P doesn’t commit AR there can be no accomplice liability

Question 22

R v Bourne

Answer 22

If P has a defence, D can still be guilty of being an accomplice

Question 23

Can D be complicit in an inchoate offence?

Answer 23

Yes

Question 24

Can D be guilty of an inchoate complicity?

Answer 24

No

Question 25

Defences: Withdrawal

Answer 25

R v Rook:

-Absence is not enough to withdraw from P’s offence

Question 26

Defences: Victim Rule

Answer 26

R v Tyrell:
- Cannot be complicit in an offence if that offence is meant to be protected a class of people one of which D is a member

Question 27

R v English

Answer 27

If the principal offender acted in a way that was fundamentally different from that anticipated by D then o liability