Parties To A Crime Flashcards
(24 cards)
What is
(a)Principal offender
(b) Joint offender
(c) Secondary offender (accomplice or accessory)
(a) Person commits the AR of a crime with the necessary MR
(b) Two or more people commits the AR of a crime with the necessary MR
(c) Those who assist in the commission of an aid fence whilst not commiting the AR
Scenario: Ben hands Ken the brick, but he does not actually throw it himself
How is Ben liable?
Ben has a lesser involvement so he could be an accessory
Would the conviction of an accomplice attract less punishment as the principal offender?
No, the accessory will be as guilty and blameworthy as the principal offender
How does a person be liable as an accessory (AR)?
- Abiding
- Abetting
- Counselling or
- Procuring
What is aid?
Help/assist at the time or before the offence
What is abet?
Encouraging at the time of the offence
What is counsel?
Giving advice, encouraging, or threatening before the offence
What is procure?
To produce by endeavour - taking appropriate steps to bring about that offence.
Scenario: the principal offender stated ‘I am going to kill your wife’ the accomplice responded ‘ oh goody’
Is this enough to convict the husband as an accomplice on the basis he had counselled the offence of murder?
Yes, the amount of encouragement offered does not need to be great for liability to arise.
Scenario: Jeffery entered country provided he did not work, but he did by performing at a jazz bar where people brought tickets to see him perform
Are the audience a part of an accomplice?
Yes, as the presence of each evidence was an encouragement (aid and abbetting) to the principal offender to perform
Is a person criminally liable for their presence at the scene?
The mere presence at the scene and failing to intervene or preventing the principal from acting is not in itself sufficient to amount to AR of being accomplice
Fill in the blank
How does mental link work?
When the accompliance abetted/counselled for the principal without any prior discussion/contact.
What is generally needed for the mental link?and why?
Meeting of the minds is required (where the principal is aware of the accompliance) otherwise it is difficult to prove
It is irrelevant that the principal would have committed the offence whether the accomplice was involved or not.
True, but only those aiding, abetting, and counselling
What is innocent agency?
Someone who commits the AR of a crime but is not guilty of the offence as they lack the MR
What is the MR for an accessory?
D must:
- Intentionally act & say words that establish the AR of accomplice liability
AND
-Have knowledge or awareness of the circumstances, namely, the facts which make the PO’s conduct criminal
How much knowledge of the offence does the accomplice need to know?
- A needs to know the type of crime but not the exact details
Or - A needs to know the offence will be in a limited range
Fill the table
D had counselled Z to murder the V
Z decided not to carry out the murder but had gone angry and eventually killed V anyway
Is D liable for an accessory?
Yes, because she was counselling even though there was no causal link
What if the accomplice has a different MR to the principal offender?
Accomplice may be guilty of a more or less serious offence than PO.→ would be guilty to the offence which matches own MR
Accomplice starts off together but PO goes beyond the scope of the plan
What do courts consider to determine the accomplished liability?
Whether:
A intended to assist or encourage PO in the new offence
Or
A had foresight of what PO might do is evidence of sick intent but no more (ware aware the PO carried a knife or had history of violence)
How can D withdraw BEFORE the offence to escape liability?
D must communicate that withdrawal before, unless physical assistance has been give then D would may need to do more
How can D withdraw during the offence?
They must do more than simply communicate. Some form of physical intervention may be required
