General Accessorial Liability

Question 0

Wilcox v Jeffery

Answer 0

P must in fact receive encouragement but the encouragement need not make a difference.

Question 1

Fury

Answer 1

P must be in fact assisted by D’s action but she need not be aware of the assistance.

Question 2

Clarkson

Answer 2

Mere physical presence which does not by itself encourage is insufficient.

Question 3

Coney

Answer 3

Physical presence may be sufficient in circumstances where that presence implies support.

Question 4

A-G v Able

Answer 4

For counseling D must in fact receive advice/information helping or inciting her to commit a crime.

Question 5

A-G Ref No.1 of 1975

Answer 5

To procure means to produce by endeavor. You procure by setting out to see that it happens and taking the appropriate steps to produce that happening.

Question 6

Du Cros v Lambourne

Answer 6

If D omits to interfere and prevent an offence where she has a legal duty to do so, the power to control P and an opportunity to intervene her failure to interfere will constitute the actus reus of aiding and abetting.

Question 7

Cassady

Answer 7

If D has the power and opportunity to intervene but no legal duty, it appears the non-intervention is merely evidence of abetting and actual abetting must still be proved.

Question 8

Stringer (2 precedents)

Answer 8

There must be some connecting link between D’s aid and abetment and P’s crime such that D’s conduct can be said to have made a contribution to the commission of the offence.

As long as P was aware of D’s conduct there may be a presumption that the necessary connection and contribution is established.

Question 9

Lomas

Answer 9

If D intentionally contributes to P’s crime ONLY because he owes a legal duty to do so he is not guilty of aiding and abetting (wrong in principle since it confuses motive with intention).

Question 10

Rook/Bryce/Reardon

Answer 10

If the aid and abetment occurs before the crime, D must foresee a real and serious risk that P will commit the crime in the future.

Question 11

Webster

Answer 11

If the aid and abetment occurs at the time the crime is committed S must know the essential matters of P’s crime.

Question 12

Johnson and Youden

Answer 12

S must at least appreciate that D contemplates doing actions which constitute the actus reus of an offence BUT he need not recognize those actions constitute an offence.

Question 13

Bainbridge

Answer 13

It is sufficient that S foresees the definitional elements of the type of offence intended and eventually committed by P. S need not foresee the specific details of the crime.

Question 14

Maxwell

Answer 14

It is sufficient that S foresees P will commit any one of a number of offences, the list of which includes the type of offence eventually committed.

Question 15

Calhaem

Answer 15

P must have acted within the scope of D’s endorsement.

Question 16

Saunders and Archer

Answer 16

If S’ encouragement is directed specifically to the aspect of P’s offence that is intentionally varied by P, S is not complicit - arguably P is no longer acting within the scope of her endorsement. (NOTE: assistance is probably carried by the transferred malice rule)

Question 17

Bryce

Answer 17

D must intend his own contribution, but he need not intend the crime to be committed.