Principles and Accomplices Flashcards
(8 cards)
What is a principle?
Who is it? The main perpetrator of the offence. Commits a substancial part of the AR, while having MR.
Who is an accessory to the crime?
Someone that supports the crime but not the person commiting the act AR itself.
Such as giving D the gun to shoot V.
What will make an accessory liable?
- Helping or encouraging D
- Before or during the act.
NOT AFTER the crime
What will the accessory be held liable for? AACP - any of the following
AACP!!
AIDING - help/ assisting
ABETTING - encouraging at the time of the offence, mere presence is enough. Omission (failing to stop V) is also enough.
COUNSELLING - giving advice prior to crime. Presence not needed at the time of crime.
PROCURING - taking steps to ensure that D has all they need to commit the crime. Such as gun, knife etc. Can be direct or indirect.
Will an accessory still be charged if D is found not guilty, but D did commit the AR?
Yes.
What is the MR needed for the accessory to be held liable?
Intention to AACP - accessory must have an idea of what crime D wants to commit. Oblique intention also works - that accessory’s input will help D commit a crime, a virtual certainty of this.
Knowledge - Accessory can only be liable for a crime they have contemplated that D wants to do. If it is not a crime that accessory considered, but is similar to what they did think of, they will NOT be held liable.
Accessory is only liable for the crime D commits up and until…
the crime or extent of crime that they have contemplated D doing.
How can an accessory WITHDRAW from the crime to prevent liability?
- By withdrawing at an early stage. Cannot withdraw once the crime is fully underway
- Must have communicated the withdrawal effectively to all members. Depends on the facts what this would be
- Trying to tell others to not commit the crime also helps.
