Secondary Liability Flashcards
What is the joint principal?
Where it is possible for there to be more than offender
What is the principal liability?
The person who commits the actus reas and has the mens rea for the offence
What is an innocent agent?
Where the principal gets another person to carry out the actus reus who is aware a crime is being committed
What is secondary liability?
Where a decent and may be liable if he helps or encourages the principal before or at the time of the offence
The actus reas for secondary liability is what?
An act or omission which; aids, abets, counsels, or procures the commotion by the perpetrator of the principal offence
What does to aid mean?
Any ripe of assistance before or at the time of the commotion if the offence. It must have helped
What is the mens rea for secondary participation?
Intention to assist or encourage and the knowledge of the circumstances
What are the two main forms of participation in criminal offences?
Secondary party giving help to to the principal but the secondary party does not take part in the offence
Secondary party having an active role in the offence. Joint enterprise
What is the principal if joint enterprise liability?
Any crime that the principal commits, the accessory commits so long as the accessory intentionally assisted or encouraged it’s commission
Can withdrawal of support as an accessory take place? How?
Yes. There must be an act. Communication. Still responsible for acts prior to withdrawal