Principals and Accessories Flashcards
Q: What are the 2 ways of attracting criminal liability for an offence?
- Principal
- Accessory (secondary parties)
Once you have established the criminal conduct and the required state of mind, you must identify what degree of involvement D had.
Q: What is a principal offender?
One whose conduct has met all the requirements of the particular offence- both AR and MR
Q: What is an accessory?
Someone who helped in or brought about the commission of the offence
Q: How are accessories treated in terms of sentencing?
Accessories and Abettors Act 1861 (indictable) AND Magistrate’s Courts Act 1980 (summarily)- ‘If an accessory ‘aids, abets, counsels or procures’ the commission of an offence, he/she will be treated by a court in the same way as a principal offender for an indictable offence’.
Q: What is aiding?
Giving help, support, or assistance
Usually involves the presence of D at the scene of a crime when it is committed.
Q: What is abetting?
Inciting, instigating, or encouraging
Usually involves the presence of D at the scene of a crime when it is committed.
Q: What is counselling? Does it require a causal link?
Advising or instructing
Expected to take place before the commission of an offence, rather than at the scene.
Requires no causal link- as long as the principal is aware of the counsellor’s advice or encouragement, they will be guilty as an accessory, even if the principal would have committed the offence anyway.
Q: What does procuring mean? Does it require a causal link?
Bringing about/supplying
Expected to take place before the commission of an offence.
Does require a causal link between his conduct and the offence. Must prove the offence would not have taken place BUT FOR the procurement.
Q: What if an accessory is present at the scene of the crime, but does not get involved?
Their presence alone may amount to encouragement/sufficient to make them liable as aiders and abettors. Just being there at the time can be seen as giving support to the principal. This is only if they are present as part of an agreement in respect of the principal offence. A passer-by who stands and watches an offence take place without saying or doing anything is not liable as an aider or abettor. Citizens are not under any legal duty to stop an offence occurring.
Q: What if the principal cannot be traced or identified?
The accessory may still be liable. An accessory may be convicted of procuring an offence, even though the principal is acquitted or has a defence for his actions. This is because the principal has supplied the AR for the accessory’s offence and the accessory will have the MR. If the accessory had some responsibility and the actual ability to control the actions of the principal, his failure to do so may attract liability- eg: driving instructor who fails to prevent a learner driver from driving without due care and attention.
Q: What if an accomplice changes his mind before the criminal act is carried out?
Possible, but only if they act in such a way as to effectively counteract any assistance they have already given. Getting cold feet or fleeing the scene in panic before the offence takes place would not be enough.
Q: What if the law protects people from certain types of offences?
A person whom the law is intended to protect from certain types of offence cannot be an accessory to such offences committed against them. Eg: a girl under 16 is protected by the SOA 2003 from people having sex with her. If a 15-year-old girl allows someone to have sex with her, she cannot be treated as an accessory to the offence.
Q: What is the state of mind for accessories?
Generally, the MR which is needed to convict an accessory is: ‘proof of intention to aid as well as of knowledge of the circumstances’ (National Coal Board v Gamble 1959
Recklessness and negligence are not enough to convict an accessory.
Q: What is the minimum state of mind required for accessories?
Johnson v Youden 1950- before anyone can be convicted of aiding and abetting an offence, he must at least know the essential matters that constitute that offence. Eg: accessory to an offence of drink driving must at least be aware that the principal (driver) had been drinking.
