GDL - Parties to a crime

Question 1

principal

Answer 1

the person who, with appropriate mens rea, commits the actus reus of the offence

Question 2

example of an innocent agent

Answer 2

A woman gave a child a dose of poison and the child gave it to the victim. The woman was the principal offender, rather than the child.

Question 3

accessory

Answer 3

someone that assists or encourages the commission of an offence, rather than commits it

Question 4

General rule for withdrawal

Answer 4

not enough to just have a change of mind. Something must be done and, at the very least, the withdrawal must be communicated to the principal or a law enforcement agency

Question 5

Who will determine whether the D did enough to withdraw from the crime?

Answer 5

question of fact for the jury

Question 6

When must withdrawal take place?

Answer 6

before the act of assistance

Question 7

Withdrawal from spontaneous violence

Answer 7

less onerous, communication is not necessary for withdrawal from spontaneous violence

Question 8

What is the outcome if it cannot be proved which of two people committed the crime?

Answer 8

both must be acquitted

Question 9

Is it an offence to attempt to aid, abet, counsel or procure an offence?

Answer 9

No

Question 10

A joint enterprise

Answer 10

where two or more people are committing a crime together

Question 11

Procuring

Answer 11

‘produce by endeavour’ so there must be a causal link between D’s act and the commission of the offence

Question 12

Aiding

Answer 12

the accessory gives help, support or assistance to the principal offender in carrying out the principal offence

Question 13

Examples of aiding

Answer 13

supplying materials or tools to commit the offence, Thambiah v R
giving info which helps the principal to commit a crime, A-G v Able
holding down a victim in assault

Question 14

Can there be an accessory without a principal?

Answer 14

No, a person cannot be liable as a secondary party if there is no principal offender