secondary liability

Question 1

what are 3 types of secondary liability

Answer 1

• aiding
• abeting/inciting/counceling
• procuring

Question 2

what cases set out the requirements for aiding

Answer 2

Larkin and ashin

Question 3

what are the 5 requirements for aiding

Answer 3

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

Question 4

what does abating mean in statute

Answer 4

To encourage

Question 5

what does inciting mean in statute

Answer 5

Provoke

Question 6

What does counsiling mean in statute

Answer 6

advice/recomendations

Question 7

what are the cases for Abeting inciting and cousniling considerations

Answer 7

Schriek and ahsin

Question 8

What does procuring mean

Answer 8

Pursuad or invite a person to commit an offence

Question 9

Explain what an innocent agent is

Answer 9

If the person being procured doesn’t have sufficient MR - person procured becomes innocent agent - person procuring becomes PP

Question 10

What case lays out ommission principles

Answer 10

charnley

Question 11

what are the 2 principles laid out in charnley

Answer 11

1. presence principle
2. The duty principle

Question 12

what does the presence principle for ommission involve

Answer 12

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

Question 13

what does the duty principle involve

Answer 13

• 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

Question 14

what is the mens rea for secondary parties

Answer 14

SP must have knowledge and intention to aid/abet etc

Question 15

what does Bainbridge say about knowledge

Answer 15

• they do not need to know specific details

Question 16

what are the elements for knowledge

Answer 16

1) Knowledge of essential matters (look in book for cases)
2)) knowledge of the type of offence
3) Maxwell test

Question 17

what is the Maxwell test for knowledge

Answer 17

It is sufficient if the offence is within the range of offences committed considered by SP

Question 18

what are the two types of intention

Answer 18

Oblique intention
- sufficiently certain it will bring about an offence
Direct intention
- SP does something deliberately to being about PP desired outcome