Topic 11 - Parties to a Crime Flashcards
What is the difference between a principal offender and a secondary party?
The principal offender is the individual who carries out the actus reus (physical act) of the crime. Secondary parties (accomplices or accessories) assist or encourage the principal offender in committing the crime.
What are the four ways an individual can carry out the actus reus of accomplice liability?
The four ways are: 1. Aiding - Helping or assisting before or during the crime. 2. Abetting - Encouraging the principal at the time of the crime. 3. Counselling - Instigating or encouraging the crime before it happens. 4. Procuring - Taking steps to bring about the crime before it occurs.
What is required for accomplice liability?
The individual must be involved before or during the crime. Post-crime involvement (e.g., helping after the crime) does not establish accomplice liability.
Is mere presence at the scene of a crime enough to establish accomplice liability?
No, mere presence at the scene is not enough. The accomplice must have had prior arrangement or involvement to establish liability.
When is a mental link (meeting of minds) required between the principal and the accomplice?
A mental link is required for abetting (encouraging during the crime) and counselling (encouraging before the crime), as both involve encouragement. No mental link is needed for aiding or procuring.
When is a causal link needed in accomplice liability?
A causal link is only required for procuring, where the accomplice’s actions directly contributed to the commission of the crime.
What are the two elements of mens rea for an accomplice?
The two elements of mens rea for an accomplice are: 1. Intention: The accomplice must intend to assist, encourage, or procure the offence. 2. Knowledge: The accomplice must know the relevant circumstances and be aware of the principal’s mens rea.
Can an accomplice be liable for a different offence than the principal?
Yes, in cases where there is shared actus reus (e.g., murder and manslaughter), the accomplice may be liable for a different offence, depending on their mens rea.
Is the accomplice liable if the principal goes beyond the original plan?
The accomplice is only liable for the new offence if they intended to assist or encourage it, or if they foresaw the possibility of the principal committing the new offence.
How can an accomplice effectively withdraw from a crime to avoid liability?
The accomplice must communicate their withdrawal timely and unequivocally (clearly) to the principal. Simply saying they no longer want to participate may not be enough, especially if the crime is already in progress.
What is required for an effective withdrawal if the crime is already in progress?
If the crime is in progress, the accomplice may need to take additional action (e.g., physically retrieving a weapon, contacting authorities, or warning the victim) to ensure the withdrawal is effective.
Does the outcome of the principal’s case affect the accomplice’s liability?
No, the accomplice’s liability is not affected by whether the principal is acquitted or not prosecuted, as long as the principal’s actus reus was committed.
