WEEK 17 PT 2 Flashcards
(24 cards)
What is the definition of complicity in criminal law?
Complicity refers to the involvement of one person in the commission of a crime by another person.
Who is considered the principal offender (P) in a joint offence?
The principal offender is the person who commits the actus reus (AR) of the offence.
What is the role of an accomplice/accessory (A)?
An accomplice/accessory assists the principal offender but does not commit the actus reus of the joint offence.
What legislation outlines the rules for accessorial liability?
The Accessories and Abettors Act 1861, section 8.
List the actions defined by the Accessories and Abettors Act 1861 that constitute participation.
- Aid
- Abet
- Counsel
- Procure
What does ‘aiding’ mean in the context of complicity?
‘Aiding’ means to give help, support, or assistance to the principal offender to commit the offence.
True or False: A’s presence at the crime scene automatically means they aided P.
False.
What is ‘abetting’?
‘Abetting’ refers to instigating, inciting, or encouraging the principal offender to commit the offence.
What is required for ‘counselling’ to be considered as participation?
Counselling must involve giving advice or encouragement that is communicated to P.
In which case was it determined that mere presence does not equal aiding?
R v Clarkson (1971).
What does ‘procuring’ mean?
‘Procuring’ means to produce the commission of the offence by positive conduct, regardless of P’s awareness.
Fill in the blank: A’s absence at the crime scene does not mean A has not ______ P.
aided
What must A’s actions do in terms of causation for procuring?
A’s actions must cause P to commit the actus reus.
What did the Jogee case (2016) clarify about joint enterprise?
It clarified that mere presence or association does not automatically imply assistance or encouragement.
What is the significance of the proposed Joint Enterprise (Significant Contribution) Bill 2024?
It aims to amend the Accessories and Abettors Act 1861 to require a significant contribution to the commission of an offence.
What are the three key elements of complicity?
- Participation in the joint offence
- Knowledge of the circumstances that make P’s act criminal
- Intention to participate
True or False: A’s omission to intervene can amount to participation.
True, if A has a duty to act or is expected to exercise control over P.
What does the term ‘joint enterprise’ refer to?
Joint enterprise refers to a legal doctrine that holds all participants in a group crime equally liable for the actions of one member.
In terms of participation, what is required for A’s presence to be considered significant?
A’s presence must be voluntary and contribute to assistance or encouragement.
What did the court decide regarding the necessity of contact between A and P?
Contact is generally required for aiding, abetting, and counselling, but not for procuring.
What does the term ‘actus reus’ refer to?
Actus reus refers to the physical act or conduct that constitutes a criminal offence.
What is the ‘mens rea’ in the context of complicity?
Mens rea refers to the mental state or intention behind committing a crime.
What does the term ‘accessorial liability’ mean?
Accessorial liability refers to the legal responsibility of an accomplice for the crime committed by the principal offender.
Fill in the blank: The act of encouraging P to commit an offence is referred to as ______.
abetting
