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Flashcards in Secondary Participation - GenerL Deck (11):
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Thornton v Mitchell

Secondary liability is predicated on the commission of the substantive offence.

1

Bourne

S may be liable as an accessory where P has not committed the substantive crime because she has a defence the foundation for which D provided

2

Millward

If P procures S to act without mens rea and the doctrine of innocent agency does not apply P may still be guilty as an accessory.

3

Howe

S may be guilty of a greater offence than P if P is only guilty of a lesser offence because he lacks mens rea and the offences have an overlapping actus reus.

4

Kenning

One cannot conspire to be a secondary party.

5

McShane

One can attempt to aid and abet if the aiding and abetting constitutes a substantive offence in its own right (now with the SCA it almost always will)

6

Campbell

Withdrawal must occur before the crime is committed.

7

Rook

Withdrawal from a joint enterprise may take the form of unequivocal notice to the other parties that one is withdrawing from the joint enterprise.

8

Gallant

If D instigates the offence his only way to effect withdrawal from a joint enterprise may be to take steps to prevent the commission of the offence.

9

Grundy

Counteracting the effect of encouragement probably requires only a statement to the opposite effect.

10

Becerra and Cooper

To withdraw from assistance some sort of physical intervention to counteract the effects of assistance may be required.