Parties To An Offence Flashcards
(12 cards)
What is the relevant statutory provision as regards the parties to an offence
A number of people may be involved in the commission of an offence but the degree of their involvement may vary a great deal.
The relevant proviso is section 7 of the CC code
The commission of an offence may be instigated by A,assisted by B,the actual commission effected by C and D may take steps to enable all the parties to escape detection and prohibition. Under the cc A,B and C are referred to as what? And D is referred to as?
Under the Nigerian criminal code, Primary offenders and accessory after fact respectively.
However in england the distinction is drawn between principal in the first degree and principal in the second degree
Which instances can a person be a party to an offense?
- Where the person is the one that made the act or omission that constitutes the offence
- Where the person does an act for the purpose of aiding the commission of the offence
- Where the person does an act to assist in the course commission of the offence
- Where a person procures, advices or advice another to commit an offence
Liability of a principal offender under section 7(a). Discuss the principles.
-Every person who does the actual act or omission is which makes the offence,is liable for as a principal offender under this subsection.
-The act or omission must be done with the requisite mental element of the offence defined in the provision establishing the offence. Thus in the case of R V SOLOMON it was held that the Queensland criminal code equivalent of section 7 should be construed alongside section 24 of the criminal code.
-Innocent agent acting upon the criminal intent of another will not be liable for lack of intent. R V Idiong and UMO(HERBALIST &ABORTION CASE)
Liability as principal offender under section 7 (b) and (c)
- Every person who does an act or omission FOR THE PURPOSE OF ENABLING the commission of an offence by another(b)
Aid before the commission of an offence - Every person AIDING another person in the commission of the offence(when the crime is being committed… simultaneously)
Aid contemporaneous with the offence.
In both of them and assistance is being provided the only the timing differs.
Intention(mental element) must be proved in 7b and c.(Cases)
N.C.B V GAMBLE the court held that intention to assist or encourage another in the commission of an offence must be proved alongside the knowledge of the circumstances.
In the case of IYARO V STATE ( lady robbed,driver caught,held that he was a willing party by driving them during the act,he was convicted of armed robbery and sentenced to death.
R V BAINBRIDGE
Where A sells a gun to be,knowing that B intends to kill or rob with the gun,he would be liable although the precise details of the offence were unknown to him
Enweonye V r
The prosecution must prove that the defendant intends while assisting in a crime to give that assistance
R V MAYBERRY and R V JOHNSON
WHICH QUESTION ARISES AND WHAT IS THE ANSWER.
A question as to whether the assistance was rendered during the commission or after the commission of the offence.
The case facts bother on rape(hypothetical case)
CoDefendant argued that rape ends upon penetration.
Court held that the continuous act that occured after rape was still rape and as such he was liable.
In R V JOHNSON it was held that alerting a thief who broke into a store that authorities were approaching hence aiding his escape,is aiding the commission of the offence
POSU V STATE & AZUMAH V R
It was held that mere presence at the scene of the crime and failure to intervene or prevent it,is generally not sufficient to render a person liable under section 7(b) and (C)
Therefore as a general rule A person must be FACILITATING or aiding the commission of a crime by his presence before he can be deemed an accomplice
Section 7d
Who is a principal offender?(ACP)
Anyone who advices, counsels or procures any other person to commit an offence.
R V GIANETTO
The offender told the man that he will kill his wife to which the latter replied “good”..it was held to constitute sufficient encouragement to dub him as an accomplice of murder
