Auxiliary Liability Flashcards
(14 cards)
Baxter v HMA
Incitement can be inferred from accused’s actions in evidence given at trial. There must be evidence of intent to commit crime.
Howitt v HMA
Conspiracy. There must be more than one party. You can still be convicted of conspiracy if one party is acquitted.
Coleman v HMA
Conspiracy = agreement + common criminal purpose.
HMA v Wilson, Latta, Rooney
Acceptable to acquit individuals of conspiracy but convict of other crimes they committed while trying to carry out conspiracy
Sayers v HMA
If crimes done in furtherance to the conspiracy are the only thing making the conspiracy criminal, there can be no conspiracy.
Doherty v Brown
Attempt. Impossibility of a crime is not a defence so long as actus reus and mens rea are fulfilled.
Camerons v HMA
Attempt. Actus reus is clearly moving from preparation to perpetration.
Maxwell and Others v HMA
For conspiracy to amount to it is necessary do something which would be a crime if attempted / achieved by an individual
HMA v Lappen
To be art and part liable for an offence, there must be existence of a common purpose.
HMA v Kerr
To be art and part liable, person must actively participate/encourage/assist.
McLaughlan v HMA
Cannot be art and part liable for offences occuring before the attack occured.
McKinnon v HMA
Art and part liability extends to forseeable outcomes. Association with a criminal purpose will create criminal liability.
Young v HMA
The acquittal of the principal offenders led to a successful appeal for the acquital of accomplice.
Capuano v HMA
If co-principals are acquitted, as they all had an active role so the acquittal of co-accused made no difference to his liability.
