Accomplices Flashcards
(10 cards)
Which of the following is not one of the recognised modes of accessory AR?
A. Abuse – misusing a position of trust
B. Aid – helping or assisting the principal
C. Abet – encouraging the principal
D. Counsel – advising the principal
A. Abuse – misusing a position of trust
Explanation: Accessory liability arises by aid, abet, counsel or procure; “abuse” is a mode under fraud by abuse of position, not accessory liability
“Procure” in the accessory AR means:
A. Simply being present at the scene
B. Taking steps to ensure the offence occurs
C. Volunteering afterwards to help the principal
D. Failing to report the offence
B. Taking steps to ensure the offence occurs
Explanation: To procure is to make sure the offence happens by arranging or providing means (e.g. planting a weapon)
Carla hides getaway keys in the bushes after P has stolen a car. Carla’s help occurs:
A. Before the offence and counts as accessory AR
B. After the offence and does not count (separate “handling” offence)
C. At the time of the offence and counts as aiding
D. Never, because keys are not AR
B. After the offence and does not count (separate “handling” offence)
Explanation: Accessory AR must occur before or at the time of the offence; assistance afterwards is “handling stolen goods,” a different crime
D helped plan a burglary but, before the break-in, he phones the police to warn them. This is:
A. Too late to avoid liability
B. No withdrawal, since he did not warn the victim
C. Effective withdrawal if clear and timely
D. Only effective if he testifies against P
C. Effective withdrawal if clear and timely
Explanation: An accessory can escape liability by withdrawing early, communicating unequivocally, and taking steps to avert the crime (e.g. informing police)
D lends P a ski mask, knowing P may commit either arson or burglary. P commits burglary. D is liable as accessory to burglary if he:
A. Only foresaw arson
B. Neither foresaw burglary nor arson
C. Foresaw burglary or appreciated the risk of it
D. Was present at the scene
C. Foresaw burglary or appreciated the risk of it
Explanation: D’s MR requires intention to assist and knowledge or foresight of the offence actually committed within the contemplated range
Under the accessory MR, D’s intention element is:
A. Intent to see P punished
B. Intent to aid, abet, counsel or procure P’s offence
C. Intent to witness the offence without intervening
D. Intent to profit from the offence
B. Intent to aid, abet, counsel or procure P’s offence
Explanation: D must intend to help or encourage the principal to commit the offence (oblique intention suffices)
If P is acquitted because he lacked MR, but D’s assistance fulfilled accessory AR and MR, then D is:
A. Automatically acquitted too
B. Guilty if P’s AR actually occurred
C. Only liable if D also committed the AR himself
D. Still liable as accessory if P’s AR was committed
D. Still liable as accessory if P’s AR was committed
Explanation: Accessory liability depends on D’s own AR/MR; if the principal’s AR occurred, D can be convicted even if P is acquitted for lack of MR
For MR of accessory liability, D’s foresight must be:
A. Recklessness as to P’s offence
B. Indifference to whether P’s act was criminal
C. Intention plus knowledge/foresight; recklessness alone is insufficient
D. Merely negligence
C. Intention plus knowledge/foresight; recklessness alone is insufficient
Explanation: D must have intent to assist and knowledge/foresight of the offence; mere recklessness about P’s crime is not enough
Can D be an accessory to P’s attempted theft?
A. Yes—if D aids or encourages P’s attempt, accessory liability applies to the inchoate offence
B. No—accessory liability only covers completed crimes
C. Yes—but only if P succeeds in the theft
D. No—attempts cannot have accessories
A. Yes—if D aids or encourages P’s attempt, accessory liability applies to the inchoate offence
Explanation: Accessories can be liable for inchoate offences; if D encourages or assists P’s attempt, D is accessory to that attempted offence under the same AR/MR rules
D tells P “steal any valuable you find,” contemplating only shop theft. P instead commits pickpocketing in the street. Is D liable as accessory to the pickpocketing?
A. Yes—any theft falls within the broad instruction
B. Yes—but only if D foresaw street theft specifically
C. No—D must have contemplated the specific offence P commits
D. No—offence outside D’s contemplation is beyond the scope of accessory liability
D. No—offence outside D’s contemplation is beyond the scope of accessory liability
Explanation: If P’s actual crime lies outside the range D intended or foresaw when assisting, D is not accessory to that unanticipated offence
