Secondary Participation - GenerL

Question 0

Bourne

Answer 0

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

Question 1

Thornton v Mitchell

Answer 1

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

Question 2

Millward

Answer 2

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.

Question 3

Howe

Answer 3

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.

Question 4

Kenning

Answer 4

One cannot conspire to be a secondary party.

Question 5

McShane

Answer 5

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)

Question 6

Campbell

Answer 6

Withdrawal must occur before the crime is committed.

Question 7

Rook

Answer 7

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

Question 8

Gallant

Answer 8

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.

Question 9

Grundy

Answer 9

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

Question 10

Becerra and Cooper

Answer 10

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