Criminal Law 4 - Parties Flashcards
(14 cards)
Who is a Principal Offender?
Person who commits the actus reus with the required mens rea.
What is an Innocent Agent?
Person performing actus reus unknowingly (e.g., underage, deceived), making the controller liable.
Who are Secondary Parties?
Those who aid, abet, counsel, or procure the commission of a crime.
Is there secondary liability for attempted crimes?
No, one cannot be a secondary party to an attempted offence.
What is needed for Secondary Party actus reus?
Aid, abet, counsel, or procure.
What is needed for Secondary Party mens rea?
Intention to assist/encourage, and knowledge of key facts.
Can a Secondary Party be convicted if Principal is acquitted?
Yes, if it’s clear an offence was committed by someone.
How can a Secondary Party withdraw?
Must actively communicate withdrawal or take positive steps.
What is Joint Enterprise?
Liability where two or more people participate in a crime together.
What does ‘inchoate’ mean?
Unfinished or incomplete offence.
Requirements for Attempt (Criminal Attempts Act 1981)?
Actus reus: Acts more than merely preparatory. Mens rea: Intention to commit the full offence.
What counts as ‘more than merely preparatory’?
When D embarks on the crime proper (e.g., entering car with weapon).
Is conditional intent sufficient for attempt?
Yes, conditional intent counts as intention.
Can you be guilty of an attempt even if the crime was factually impossible?
Yes, under Criminal Attempts Act 1981.
