Topic 11 - Parties to a crime

Question 1

What are the main types of parties to a crime?

Answer 1

Principal offender, accessories, party to a joint enterprise

Question 2

Can a defendant be liable for a crime without committing the actus reus?

Answer 2

Yes, through participation as an accessory or in a joint enterprise

Question 3

What actions can make someone an accessory to a crime?

Answer 3

• Assisting the principal offender
• Encouraging the principal offender
• Procuring the offence

Question 4

Who is considered the principal offender?

Answer 4

The person who commits the actus reus of the offence with the appropriate mens rea

Question 5

What is an innocent agent?

Answer 5

A person who may be guilty of an offence as a principal, even if another performs the actus reus

Question 6

What does the Accessories and Abettors Act 1861 s 8 state?

Answer 6

Anyone who aids, abets, counsels, or procures the commission of any offence is liable as a principal offender

Question 7

List the five ways someone can be liable as an accessory.

Answer 7

• To aid
• To abet
• To counsel
• To procure
• To be a party to a joint enterprise

Question 8

What is required for the actus reus of accessorial liability?

Answer 8

• Aid the principal in committing the offence
• Abet the principal in committing the offence
• Counsel the principal in committing the offence
• Procure the principal to commit the offence
• Be a party to a joint enterprise

Question 9

What is the mens rea required for an accessory?

Answer 9

• Intention to assist or encourage the principal’s conduct
• Knowledge of existing facts necessary for the offence

Question 10

Is mere repentance sufficient for a secondary party to withdraw from a crime?

Answer 10

No, something must be done to demonstrate withdrawal

Question 11

What must a secondary party do to effectively withdraw from a joint enterprise?

Answer 11

Communicate their intention to withdraw or take further actions depending on circumstances

Question 12

Can a secondary party be convicted if the principal is acquitted?

Answer 12

Yes, if it is clear that someone committed the offence

Question 13

What is the significance of the case R v O’Flaherty regarding withdrawal?

Answer 13

Mere repentance does not suffice; effective withdrawal must be communicated

Question 14

What does the term ‘procuring’ mean in the context of accessory liability?

Answer 14

To produce by endeavour, such as causing someone to commit an offence

Question 15

What is an example of aiding in accessory liability?

Answer 15

Supplying materials or tools to commit the offence

Question 16

What is the difference between an accessory before the fact and an accessory after the fact?

Answer 16

Accessory before the fact helps before the crime; accessory after the fact has been replaced by assisting an offender

Question 17

Can someone be guilty of an offence for attempting to aid or abet?

Answer 17

No, it is not an offence to attempt to aid, abet, counsel or procure an offence

Question 18

What is required for an accessory in terms of knowledge?

Answer 18

Knowledge of existing facts or circumstances necessary for the offence to be criminal

Question 19

What did the Supreme Court state in R v Jogee regarding joint enterprise?

Answer 19

The principles for joint enterprise are the same as for those who aid, abet, counsel, or procure

Question 20

Fill in the blank: The principal offender is the person who, with appropriate mens rea, commits the _______.

Answer 20

actus reus of the offence

Question 21

What is an accessory before the fact?

Answer 21

An accessory before the fact is one who helps before the crime.

Question 22

What has happened to the role of accessory after the fact?

Answer 22

An accessory after the fact has been abolished and would now be convicted of assisting an offender under section 4 Criminal Law Act 1967.

Question 23

What does actus reus: counselling mean?

Answer 23

Counselling means giving advice or encouragement before the commission of the offence.

Question 24

Is there a requirement for a causal connection between counselling and the offence?

Answer 24

No, there is no implication that there should be any causal connection between the counselling and the offence.

Question 25

What must exist between the parties in a counselling scenario?

Answer 25

There must be contact between the parties and a connection between the counselling and the offence.

Question 26

What is actus reus: abetting defined as?

Answer 26

Abetting is defined as to incite, instigate or encourage.

Question 27

Is mere presence at the scene of a crime sufficient to count as abetting?

Answer 27

No, mere presence is not necessarily enough to count as abetting.

Question 28

What is the significance of R v Coney [1882] regarding abetting?

Answer 28

In R v Coney, the conviction was quashed because mere presence was not sufficient to amount to the offence.

Question 29

What was the outcome of Wilcox v Jeffrey [1951] regarding abetting by mere presence?

Answer 29

W’s presence at the concert was held to be encouragement to the offence.

Question 30

What constitutes abetting through failure to prevent an offence?

Answer 30

Deliberately refraining from exercising control over another's actions may be positive encouragement.

Question 31

In R v Russell [1933], what was the husband's role in aiding and abetting?

Answer 31

The husband was guilty of aiding and abetting the homicide for watching his wife drown their children.

Question 32

What is a joint enterprise?

Answer 32

A joint enterprise is where two or more people are committing a crime together.

Question 33

What must be proven for a party to be liable under joint enterprise principles?

Answer 33

It is enough that D2 was a party to the joint enterprise and had the relevant mens rea for an accessory.

Question 34

What is the mental element required in assisting or encouraging a crime?

Answer 34

An intention to assist or encourage the commission of the crime is required.

Question 35

What does mens rea: an intention to aid or encourage consist of?

Answer 35

* Intention to do the act which aids or encourages * Intention for it to aid or encourage the commission of the crime

Question 36

What is conditional intention in the context of aiding and abetting?

Answer 36

Conditional intention means intending that P will commit a crime with the necessary mens rea under certain conditions.

Question 37

What does knowledge of the facts or circumstances entail in mens rea?

Answer 37

D needs to know relevant facts that give the offence its criminal character.

Question 38

What was the significance of Johnson v Youden [1950] regarding knowledge?

Answer 38

Convictions were quashed due to lack of knowledge of the facts giving the transaction its criminal character.

Question 39

What does R v Bainbridge [1960] clarify about knowledge?

Answer 39

D must know the type of crime that was committed, not the precise details.

Question 40

What is the outcome if a person is party to a violent attack without intent to assist in causing death?

Answer 40

They can be guilty as a principal for the crime of manslaughter.