Parties to a crime

Question 1

Does the accused have to commit both the actus reus and mens rea if not acting alone?

Answer 1

No, it does not require the accused to do the act that forms the actus reus of the crime.

could be..
- Assisted
- Encouraged
- Procured

Question 2

Who is the principle offender?

Answer 2

The principal (P) is the person who, with appropriate mens rea, commits the actus reus of the offence.

It is always possible to have more than one principal.

Question 3

What is the correct terms for the other parties fo the crime?

Answer 3

ACCESSORY:

1. To aid
2. To abet
3. To counsel
4. To procure
5. To be a party to a joint enterprise.

Question 4

AR of aiding?

Answer 4

It requires the accessory to give help, support or assistance to the principal offender in carrying out the principal offence.

No causation required.

No consensus required with the principal offender.

Question 5

AR of abetting?

Answer 5

To incite, instigate or encourage’
–> at the time the offence is being committed.

No causal link required.

• The principal must know they are being abetted.
• Mere presence may not be enough.
• Failing to prevent an offence

Question 6

AR of counselling?

Answer 6

Giving advice or encouragement before the commission of the offence.

No causal link required.

Consensus - must be contact between the parties and a connection between the counselling and the offence

Question 7

AR of procuring?

Answer 7

To produce by endeavour or endeavour to cause.

No need for consensus.

!! There must be a causal link between D’s act and the commission of the offence.

Question 8

What is the AR and MR of accessorial liability?

Answer 8

a) Actus reus:

• To aid
• To abet
• To counsel
• To procure
• To be a party to a joint enterprise

b) Mens rea:
* An intention to assist or encourage the principal’s conduct.

• An intention that the principal will do the actus reus with that mens rea. (conditional intention is enough).
• Knowledge of existing facts or circumstances necessary for the offence to be criminal.

Question 9

Can an accessory withdraw form the crime?

Answer 9

Something must be done and in the case of pre-planned (but not necessarily spontaneous) violence, communicated to the principal or a law enforcement agency.

Question 10

Can one party be convicted without the other?

Answer 10

• Conviction of a secondary party and acquittal of the principal is possible; due to not enough evidence or not located.
• If it cannot be proved which of two people committed the crime, both must be acquitted

BUT

If it can be proved that the one who did not commit the crime as the principal was a secondary party to the crime, then both can be convicted.

Question 11

What are the details of joint enterprise?

Answer 11

• 2 or more people committing a crime together with a common intention.

*Both parties will be jointly convicted of the crime of another if the court decides one foresaw the other committing the crime.

Question 12

What is the mens rea of joint enterprise?

Answer 12

• intention to assist or encourage the principal’s conduct.
• do the act which aids or encourages
  OR
• D intended it to aid or encourage the commission of the crime.
• an intention that the principal will do the actus reus with that mens rea.
• enough to have a conditional intent for the party to commit the crime.
• knowledge of existing facts.