Secondary Liability Flashcards

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0
Q

What is the joint principal?

A

Where it is possible for there to be more than offender

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1
Q

What is the principal liability?

A

The person who commits the actus reas and has the mens rea for the offence

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2
Q

What is an innocent agent?

A

Where the principal gets another person to carry out the actus reus who is aware a crime is being committed

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3
Q

What is secondary liability?

A

Where a decent and may be liable if he helps or encourages the principal before or at the time of the offence

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4
Q

The actus reas for secondary liability is what?

A

An act or omission which; aids, abets, counsels, or procures the commotion by the perpetrator of the principal offence

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5
Q

What does to aid mean?

A

Any ripe of assistance before or at the time of the commotion if the offence. It must have helped

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6
Q

What is the mens rea for secondary participation?

A

Intention to assist or encourage and the knowledge of the circumstances

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7
Q

What are the two main forms of participation in criminal offences?

A

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

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8
Q

What is the principal if joint enterprise liability?

A

Any crime that the principal commits, the accessory commits so long as the accessory intentionally assisted or encouraged it’s commission

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9
Q

Can withdrawal of support as an accessory take place? How?

A

Yes. There must be an act. Communication. Still responsible for acts prior to withdrawal

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