Secondary Participation - GenerL Flashcards

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0
Q

Bourne

A

S may be liable as an accessory where P has not committed the substantive crime because she has a defence the foundation for which D provided

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1
Q

Thornton v Mitchell

A

Secondary liability is predicated on the commission of the substantive offence.

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2
Q

Millward

A

If P procures S to act without mens rea and the doctrine of innocent agency does not apply P may still be guilty as an accessory.

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3
Q

Howe

A

S may be guilty of a greater offence than P if P is only guilty of a lesser offence because he lacks mens rea and the offences have an overlapping actus reus.

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4
Q

Kenning

A

One cannot conspire to be a secondary party.

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5
Q

McShane

A

One can attempt to aid and abet if the aiding and abetting constitutes a substantive offence in its own right (now with the SCA it almost always will)

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6
Q

Campbell

A

Withdrawal must occur before the crime is committed.

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7
Q

Rook

A

Withdrawal from a joint enterprise may take the form of unequivocal notice to the other parties that one is withdrawing from the joint enterprise.

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8
Q

Gallant

A

If D instigates the offence his only way to effect withdrawal from a joint enterprise may be to take steps to prevent the commission of the offence.

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9
Q

Grundy

A

Counteracting the effect of encouragement probably requires only a statement to the opposite effect.

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10
Q

Becerra and Cooper

A

To withdraw from assistance some sort of physical intervention to counteract the effects of assistance may be required.

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