Flashcards in Secondary Participation - GenerL Deck (11):
Thornton v Mitchell
Secondary liability is predicated on the commission of the substantive offence.
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
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.
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.
One cannot conspire to be a secondary party.
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)
Withdrawal must occur before the crime is committed.
Withdrawal from a joint enterprise may take the form of unequivocal notice to the other parties that one is withdrawing from the joint enterprise.
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.
Counteracting the effect of encouragement probably requires only a statement to the opposite effect.