WEEK 16 Flashcards
(21 cards)
What is complicity?
The involvement of two or more people in committing a crime.
Define co-principals in the context of criminal law.
Two or more people jointly and intentionally committing the actus reus (AR) of a single offence.
What is the role of a principal offender (P)?
The individual who commits both the actus reus (AR) and mens rea (MR) of an offence.
What is the role of an accessory (A)?
An individual who assists, encourages, counsels, or procures the commission of an offence.
What does the Accessories and Abettors Act 1861, s8 state?
Anyone who aids, abets, counsels, or procures the commission of any indictable offence is liable to be tried and punished as a principal offender.
Fill in the blank: Kevin, who guards the door while Hanna beats Nadia, is an ______.
accessory
What happens if the principal (P) is acquitted due to not committing the AR?
Neither P nor A will be liable.
Can an accessory (A) be liable if the principal (P) is acquitted but committed the AR?
Yes, A can still be liable if P committed the AR.
What is the innocent agent scenario?
When D1 commits AR but has no MR, making them an innocent agent while D2 is the principal offender.
In the context of complicity, what does ‘joint enterprise’ refer to?
Coordination of behaviour between D and P towards a common criminal end.
True or False: Before Jogee and Ruddock (2016), an accessory could be liable for a more serious crime merely by being present.
True
What is required for an accessory’s mens rea after Jogee and Ruddock (2016)?
Intention must be proven, not just foresight.
What is a key criticism of complicity liability?
It holds individuals liable for crimes they did not personally commit.
Fill in the blank: Black individuals are ______ times more likely to be prosecuted as accessories.
16
What disparity exists in the prosecution of joint enterprise cases?
Nearly 80% of ethnic minority joint enterprise prisoners convicted as accessories are described as gang members.
What was the impact of the Jogee decision on accessorial liability?
It declared that the rules of accessorial liability had been misinterpreted for 30 years.
What is the estimated average cost to the taxpayer for processing and punishing homicide for a single joint enterprise defendant?
£1,368,542
What does the term ‘miscarriages of justice’ refer to in the context of joint enterprise?
Instances where innocent individuals are convicted due to their association with others involved in a crime.
What is the purpose of the CPS’s pilot scheme monitoring prosecutions?
To address ethnic disparities in the CPS caseload for secondary liability homicide and attempted homicide cases.
Fill in the blank: The law treats ______ more generously than ordinary individuals in cases of corporate homicide.
corporations
What is the significance of the Corporate Manslaughter and Corporate Homicide Act 2007?
It outlines the legal framework for corporate liability in cases of gross negligence leading to death.
