Criminal liability Flashcards
What elements must be proven to hold an accused criminally liable?
For criminal liability to result, the state must prove, beyond reasonable doubt, that the accused has committed
(i) voluntary conduct which is
(ii) unlawful and that this conduct was accompanied by
(iii) criminal capacity and
(iv) fault
What is an accessory after the fact?
A person who intentionally assists the perpetrator after the commission of the offence.
What is an accomplice?
A person who knowingly associates themselves with the commission of the crime and furthers the commission of the crime.
What is the Doctrine of Common Purpose?
The doctrine of common purpose allows the conduct of the perpetrator, in certain circumstances, to be attributed or imputed to the other participants in the common purpose. Factual and legal causation need only be established in regard to at least one participant.
Define incitement, conspiracy and attempt
Inciting someone to commit a crime is an offence under both statutory and common law. Similarly, an agreement to commit a crime constitutes a conspiracy. Lastly, a person can be held liable for an attempt to commit a crime.
What is a perpetrator and co-perpetrator?
A person whose conduct satisfied the definitional elements of the crime. A co-perpetrator is another person who participates in the crime and also satisfied the definitional elements of the crime.
