Criminal Law - Capacity and Parties Flashcards

1
Q

Criminal Liability

A

Childhood: children under the age of 10 are incapable of committing crime

Unfitness to Plead: defendant unable to comprehend court proceedings, challenge jurors and comprehend evidence is unfit to plead

  • If unfit to plead a ‘mini trial’ will take place to determine if defendant had the actus reus
  • Disposals: discharge, supervision order, hospital order
  • In the case of murder the court is obliged to send the defendant to hospital indefinitely
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2
Q

Principal Offender

A
  • The one who commits the actus reus and has the relevant mens rea at the same time
  • Possible to have more than one principal if they act together for a common purpose
  • If party involved as innocent agent they will not be liable (this means they were unaware that what they were being asked to do was an offence - e.g. B delivering a parcel for A to V’s house that has a bomb in it)
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3
Q

Accessorial Liability

A

Accessory will be charged as principal offender (charge will include words aid, abet, counsel or procure)

Aiding:

  • Providing help or assistance at scene of offence and at the time of the offence

Abetting:

  • Providing encouragement or incitement at the scene and at the time of the offence

Counseling:

  • Advising or encouraging (usually beforehand and not at the scene of the crime)
  • There does not need to be a causal link between counselling and commission of the offence

Procuring:

  • Producing by endeavour

Mens Rea:

  • Accessory must intend to aid, abet, counsel or procure the offence
  • Intend to do the act
  • To know or intend the essential elements of the offence the defendant is about to commit
  • Believe that their acts or omissions will aid, abet, counsel or procure the offence
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4
Q

Inchoate (Incomplete) Offences: Attempt

A

Attempt:

  • Actus reus: act more than merely preparatory toward commission of offence
  • Mens rea: nearly always intention to commit full offence
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5
Q

Attempt: Impossibility

A
  • Will need to look at why it is impossible to commit the offence
  • If factually impossible they can still be liable (e.g. trying to steal a painting from a gallery that has been moved to another gallery the week before)
  • If legally impossible (i.e. not against the law but defendant thinks it is) then they will not be liable
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6
Q

Punishment for Attempt

A
  • May be punished to the same extent as the completed crime but courts tend to punish attempt less severely
  • Attempted murder carries a discretionary life sentence
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