Secondary Participation Flashcards
Secondary Participation Definition
S7[1] Criminal Law Act 1997
D aids, abets, counsels, or procures the commission of an indictable offence shall be tried as principal offender
Clarkson
[A&B] Held the defendants presence at the scene alone is not aiding and abetting -
Unless evidence of encouragement/assistance
Coney
[A&B] Presence can be evidence of being accessory [?]
R v Brown
[A&B] Slight participation may render bystander accessory - D gave signal by coughing
Ryan
[A&B] D stood by while another killed a man - aiding and abetting, presence was sufficient for MS conviction
as presence was - ‘knowingly lend him support in his enterprise to kill’
Madden
[A&B] Provided car - he knew was to be used in violent crime
Egan
Aided robbery - didn’t know would be armed robbery - BUT knew the nature of the crime intended = sufficient for conviction
Counsels Definition
Advice rendered prior to the commission/ or solicitation of a crime
[Counsels] Incite, instigate & encourage - Ormerod
Maxwell
Drove UVF members to pub which was blown up - convicted for counselling
Egan
D must be aware of nature of the offence
Ginanneto
if D plays any part as little as a pat on the back = encouragement
Procures Definition
Bring about a certain result trough ones actions
AG REf No.1 [1975]
Spiked drink w alcohol - knowing V would later drive = guilty of procuring
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