4): Participation

Question 1

Who is a principal offender?

Answer 1

Commits the actus reus of a substantive criminal offence with the necessary mens rea.

Question 2

Who is a joint principal offender?

Answer 2

Another party who equally commits the offence satisfying actus reus and mens rea.

Question 3

Who are accomplices (secondary offenders/accessories)?

Answer 3

Assist in the commission of an offence without committing actus reus themselves.

Question 4

What are the actus reus requirements for accomplice liability?

Answer 4

Principal offender must commit an offence.

Accessory must aid, abet, counsel, or procure the offence (before or during the offence; mere presence is not enough).

Question 5

What are the mens rea requirements for accomplice liability?

Answer 5

Knowledge of essential matters (exact offence or type of crime).

Intention to assist or encourage the principal offence.

Question 6

What is an attempt under s.1 Criminal Attempts Act 1981?

Answer 6

With intent to commit an offence, a person does an act more than merely preparatory towards committing the offence.

Question 7

What are the actus reus elements for attempt?

Answer 7

Must be an act (not omission).

Act must be more than merely preparatory (significant steps towards commission — jury decides).

Question 8

What are the mens rea elements for attempt?

Answer 8

Intention to commit the full offence, even if the complete offence could be committed with lesser mens rea.

Question 9

Is impossibility a defence to attempt?

Answer 9

No — if crime is factually impossible, defendant may still be liable based on the facts as they believed them to be.