Principal offenders and accomplices

Question 1

What is an accessory?

Answer 1

-An accessory is someone not directly responsible for the crime (did not commit the AR) but who played a part.

-if an accessory is found liable, they will be guilty of the same crime as the principal.

Helping/supporting someone (and not committing the AR) = more likely an accessory.

Timing is important: an accessory helps a principal either before or at the time of the offence.

Helping AFTER is a separate offence.

Question 2

What is the AR of accessory liability?

Answer 2

D must do ONE of:
-aid: help/assist at the time/before the offence
-abet: encourage at time of the offence - presence is enough
-counsel: giving advice prior to crime. No need for presence.
-procure: making sure something happens and taking steps to ensure it does - e.g. placing a weapon near the criminal/setting up a meeting between the principal and the victim.

Question 3

If the principal is found not guilty will the accessory be liable?

Answer 3

The accessory will still be liable if the AR was committed by the principal.

Question 4

What is the MR of accessory liability?

Answer 4

1. Intention to aid, abet, counsel or procure P to commit one of a range of offences within D’s (the accessory) contemplation. Oblique intent counts.
2. Knowledge/contemplation of a range of possible crimes (which are within D’s contemplation as accessory), one of which P actually commits.

D will not be liable as an accessory for a crime that was not contemplated by them - even if that crime was of the same type of offences that D had in mind. E.g. if D contemplates theft but not robbery, D won’t be liable for robbery if P goes on to commit it.

Question 5

How can an accessory withdraw from a crime?

Answer 5

-the withdrawal must be at a sufficiently early stage;
-unequivocal communication of withdrawal to parties involved;
-taking reasonable steps to avert the commission of the crime.

Question 6

Define:
-principal offender
-joint principal offender
-secondary offender

Answer 6

-principal offender - commits the AR and MR
-joint principal offender - also commits the AR and MR
-secondary offender - does not commit the AR

Question 7

Accessory liability vs. inchoate offences:

Answer 7

-accessorial liability is derivative - it derives from the conduct of the principal but NOT the conviction of the criminal.
-if the principal has not completed an offence, the secondary party can’t be liable as an accomplice - focus on inchoate offences instead.