Joint Liability (Common Intention, Participation) Flashcards
(10 cards)
What is joint liability
Several accused work together to commit a crime.
Under joint liability principle, even if the accused didn’t commit the necessary actus reus, he would still be liable for the said offence
What does S.34 state?
When a criminal act is done by several persons, in furtherance of the common intention of all, each person is liable for the act in the same manner as if the act were done by him alone
What are the two elements that common intention consists of?
Meeting of minds & unity of purpose
Why is a strong proof to deduce common intention?
There’s a pre-arranged plan, and this plan can happen on the spot
Can Section 34 stand alone?
No. S.34 must be read conjunctively with other substantive provisions. (e.g murder in S.302 as an offence, if you want to frame charges for multiple accused, S.34 must be read together for common intention).
What are the elements of Section 34?
- There must be criminal acts done by several persons.
- Everyone participates in the commission
- Act done in furtherance of common intention
What does Farose bin Tamure Mohamad Khan v PP [2016] establish?
- Presence is not necessary to constitute participation in every case. Suffice if the accused have done an act with some nexus to the offence
- The crucial test is that the plan must precede (exist) before the commission of the offence
What does it mean by every act done in furtherance of common intention?
Every act is linked to the purpose of commission of the offence, despite your act being minor/insignificant.
Presumably, during gang robbery, A1 suddenly kidnap a girl. Would the rest of the gang robbery members be held liable for the same crime?
Yes. It depends on the approach to determine it
What are the approaches to determine whether the act is done in furtherance of common intention?
- Collateral offence is consistent with common intention.
- Collateral offence must be intended by a secondary party.
- Actual foresight by a secondary party
