secondary liability Flashcards
what are 3 types of secondary liability
- aiding
- abeting/inciting/counceling
- procuring
what cases set out the requirements for aiding
Larkin and ashin
what are the 5 requirements for aiding
1) Proof of actual aid
2) act can be seemingly insignificant (includes physiological comfort)
3) Aid does not need to be reason for success
4) PP does not need to be aware of the aid
5) aid does not need to be operative at the time of the offence
what does abating mean in statute
To encourage
what does inciting mean in statute
Provoke
What does counsiling mean in statute
advice/recomendations
what are the cases for Abeting inciting and cousniling considerations
Schriek and ahsin
What does procuring mean
Pursuad or invite a person to commit an offence
Explain what an innocent agent is
If the person being procured doesn’t have sufficient MR - person procured becomes innocent agent - person procuring becomes PP
What case lays out ommission principles
charnley
what are the 2 principles laid out in charnley
- presence principle
- The duty principle
what does the presence principle for ommission involve
person purposely present at the scene will be liable if the ommission to act was intended to aid or abet
- Corey - will not be liable for just standing there
what does the duty principle involve
- a person will be liable if they are subject to a legal duty to act and omit to discharge this duty
- failure to act is encouragement when special relationship
what is the mens rea for secondary parties
SP must have knowledge and intention to aid/abet etc
what does Bainbridge say about knowledge
- they do not need to know specific details
what are the elements for knowledge
1) Knowledge of essential matters (look in book for cases)
2)) knowledge of the type of offence
3) Maxwell test
what is the Maxwell test for knowledge
It is sufficient if the offence is within the range of offences committed considered by SP
what are the two types of intention
Oblique intention
- sufficiently certain it will bring about an offence
Direct intention
- SP does something deliberately to being about PP desired outcome
