Principals and Accessories

Question 1

If 2+ persons act together to commit an offence, they may be tried as ________ ________

Answer 1

principal offendors

Question 2

What are 4 ways a person may be charged as a principal offender?

Answer 2

If they
1. Aid
2. Abet
3. Counsel
4. Procure

another in committing an offence

Question 3

Expand on the definitions of aid, abet, counsel and procure

Answer 3

1. Aid = Asisting/helping
2. Abet = Encouraging/enticing
3. Counsel = Advising/Soliciting
4. Procure = Endeavour to have someone commit the offence

Question 4

To be guilty of aiding, abetting, counselling, or procuring, the jury must decide that the participant’s conduct was ______ of aiding/abetting etc. the Defendant, but it need ___ __ ____ done so

It must also be shown that the participant ______ the crime to be committed

Answer 4

capable, not in fact, wanted

Question 5

What is an innocent agent?

Answer 5

A person who D asks to do something that D knows is an offence, but the other person isn’t aware. D can still be guilty of the offence as a principal offendor

Question 6

What must be shown for a participant to be found as a principal offender in the commission of D’s offence?

Answer 6

Participant must intend that D will commit the offence - foreseeing that D might commit it isn’t enough