AOS2 - Participants in a Crime

Question 1

Principal offender

Answer 1

• the person who commits the offence by carrying out the actus reus with the requisite mens rea
• can also be a principal offender if they were involved (do not have to be present when it is committed)
• ‘involved’:
  
  • intentionally assisting, encouraging, or directing another to commit an indictable offence
  • agreeing with another person to commit an indictable offence together
• any principal offender can be subject to the maximum penalty of an offence

Question 2

Accessory

Answer 2

• anyone who:
  
  • knows/believes that a person has committed a serious indictable offence (5+ years imprisonment)…
  • and then acts to prevent the arrest, prosecution, conviction or punishment of that person
• an accessory can be found guilty of an offence regardless of whether the principal offender is found guilty