WEEK 18 Flashcards
(33 cards)
What is complicity in criminal law?
The involvement of an individual in a joint offence with another party.
What are the essential elements required for complicity?
- Participation in the joint offence
- Knowledge of the circumstances that make P’s act criminal
- Intention to participate.
In the context of complicity, what does AR stand for?
Actus Reus.
In the context of complicity, what does MR stand for?
Mens Rea.
What does A’s knowledge requirement entail in complicity?
A is required to know the essential circumstances that make P’s act criminal.
True or False: D needs to know the details of P’s offence to be liable for complicity.
False.
What is the subjective test in the knowledge requirement for complicity?
It focuses on what D knew, not what a reasonable person would have known.
What is the cumulative requirement for A’s intention in complicity?
- A’s intention regarding their own conduct must be voluntary
- A must intend to assist or encourage P’s offence.
What must A’s participation in the joint offence be characterized as?
Intentional.
What is the distinction between direct and indirect intention in complicity?
Direct intention is aimed at the act itself, while indirect intention involves foreseeing the likely outcome of assisting or encouraging the act.
What does Jogee [2016] establish regarding A’s liability for P’s offence?
A will only be liable if they intended P to commit the offence.
What happens if A’s intended offence and P’s committed offence differ significantly?
A is generally not liable for P’s offence if it is an intentional and significant deviation from what A intended.
What is the ‘transferred malice’ doctrine in the context of complicity?
MR for an offence can be transferred when it causes the same offence with an unintended victim.
Fill in the blank: A’s liability may not exist if P commits a _______ offence than A intended.
widely different.
What is the proposed change in the ‘Joint Enterprise (Significant Contribution) Bill 2024’?
It requires that A must make a significant contribution to the commission of the offence.
What is a key requirement for A to successfully withdraw from complicity?
A must withdraw before the offence is committed.
What is the significance of the case DPP for NI v Maxwell [1978] in complicity?
It established that D does not need to know the details of P’s offence, only the essential circumstances.
What is conditional intention in the context of complicity?
A suggests or encourages P to commit an offence under specific circumstances.
What is the effect of the ‘overwhelming supervening event’ in complicity?
It may absolve A from liability if P’s actions significantly deviate from what A intended.
What does the term ‘constructive offence’ refer to?
An offence where the intention to commit a lesser crime can lead to liability for a more serious crime.
What does the term ‘derivative complicity’ mean?
A’s liability is limited to the offence that they intended to encourage, not for more serious offences committed by P.
What is the role of foresight in determining A’s intention?
Foresight can be used as evidence of intent but is no longer sufficient for liability after Jogee [2016].
What are the two conditions A must meet to successfully withdraw from participation?
- Withdraw before the offence is committed
- Communicate the decision to withdraw to P
A remains liable for any criminal offence committed up until withdrawal.
In spontaneous offences, is communication required for withdrawal?
No, communication is not required
Referenced cases: O’Flaherty [2004]; Mitchell [2008].
