Principle Offender and Accomplices

Question 1

what is a principal?

Answer 1

the principal is the main perpetrator of the offence . they commit the actus reus or a substantial part of the actus reus while also having the requisite MR.

Question 2

what is an accessory

Answer 2

someone not directly responsible for the crime , but still had a part to play - if found liable, they will be guilty of the same crime as the principal.

Question 3

explain how an accessory can be liable

Answer 3

if a person helps or encourages a principal either before or at the time the offence is committed, they could be liable. helping afterwards does not count - this is a separate offence

Question 4

explain the Ar of accessory liability

Answer 4

aiding or assisting before time of offence

abet(encouraging) at the time of the offence . d must be present at time of offence , deliberately fail to act when you have a duty to do so to stop principal from committing offence

counsel- giving advice prior to the commission of a crime. No need to be present at crime scene

Procure - making sure something happens and taking steps to ensure it does so. eg placing weapon near principal or setting up a meeting between the principal and the victim.

can be found guilty even if principal not guilty of offence

Question 5

explain mr of accessory liability

Answer 5

1. intention to aid , abet, m counsel or procure P to commit one of a range of offences within contemplation
2. knowledge/contemplation of a range of possible crimes, one of which P actually commits within that range. D WILL NOT BE LIABLE AS AN ACCESSORY TO THAT OFFENCE IF THEY DID NOT IN FACT CONTEMPLATE THAT OFFENCE WHICH P COMMITS.

Question 6

How can an accessory withdraw from the crime

Answer 6

• must withdraw at a sufficiently early stage
• they must communicate the withdrawal unequivocally to other parties involved
• taking reasonable steps to avert the commission of the crime - makes withdrawal more likely to be successful

Question 7

what are the mental and causal link requirements for all the actus reus offences ?

Answer 7

no mental link or causal link required for abetting
procurement requires causal link but no mental link