Chapter 12: Parties to a Crime and Accomplice Liability

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the basis of D's liability in complicity?

D's criminal conduct

D's intent to commit the principal offence

P's conviction for the principal offence

Proof of the principal offence (correct)

What is the problem in separating principal offenders and accomplices in the context of innocent agency?

Moral uncertainties

Factual uncertainties

Ethical uncertainties

Legal uncertainties (correct)

What is the effect of convicting D of the principal offence without proving which role D played?

Mistrial

No breach of D's right to a fair trial (correct)

Breach of D's right to a fair trial

Automatic acquittal of P

What is meant by 'aiding' in the context of complicity?

Assisting P in committing the principal offence Signup and view all the answers

When can D's omission constitute an act of encouragement?

When D has a power or right to control P's actions Signup and view all the answers

What is the relationship between D's conduct and P's offence in complicity?

No causal link is necessary between D's conduct and P's offence Signup and view all the answers

What is the 'forensic advantage of complicity'?

The benefit of having the same liability as a principal offender Signup and view all the answers

What is the difference between 'aiding' and 'abetting'?

Aiding means assisting, while abetting means encouraging Signup and view all the answers

Can D assist or encourage P by omission?

Yes, in certain circumstances Signup and view all the answers

What is the role of proof in D's liability for complicity?

D's liability derives from proof of the principal offence Signup and view all the answers

What is the term for when an individual is liable for a crime because they assisted or encouraged the principal offender, but did not complete the actus reus and mens rea of the offence themselves?

Accomplice Signup and view all the answers

What is required for an individual to be liable as a coprincipal?

They must have completed the actus reus and mens rea of the offence themselves Signup and view all the answers

What is the doctrine of innocent agency?

A doctrine that allows an individual to be liable for an offence committed by an innocent third party Signup and view all the answers

What is a concern about the doctrine of complicity?

That it may create a form of guilt by association Signup and view all the answers

What is required for an individual to be liable as an accomplice?

They must have aided, abetted, or counselled the principal offender Signup and view all the answers

What is the difference between an accomplice and a principal offender?

An accomplice does not complete the actus reus and mens rea of the offence themselves, while a principal offender does Signup and view all the answers

What is a characteristic of complicity?

It creates a form of general liability, applying across the criminal law Signup and view all the answers

What is required for an individual to be liable as a principal offender?

They must have completed the actus reus and mens rea of the offence themselves Signup and view all the answers

What is a complexity of complicity?

It requires discussion of D's actus reus, mens rea as to her own conduct, and mens rea as to a future principal offence Signup and view all the answers

What is a consequence of complicity?

Where the accomplice is liable, they are labelled and punished in the same way as the principal offender Signup and view all the answers

What is the requirement to prove in applying the broad interpretation of ROWE case?

D's assistance did contribute to the commission of the offence Signup and view all the answers

What is the condition to establish a connection between D's encouragement and P's offence?

P must be aware of D's encouragement Signup and view all the answers

What is the requirement for procuring to be considered as an alternative to aiding, abetting, or counselling?

D must have played a causal role in the principal offence Signup and view all the answers

What is the leading case for procuring?

AG's reference Signup and view all the answers

What is the requirement for D's MR as to her own conduct?

D's conduct must be performed voluntarily and with intent to assist or encourage P Signup and view all the answers

What is the role of conditional intention in D's MR as to her own conduct?

It can be satisfied by either direct or oblique intention Signup and view all the answers

What is the requirement for D's MR as to the principal offence?

D must intend that P will commit the offence and know the essential elements of P's offence Signup and view all the answers

What is the implication of D's knowledge in the context of D's MR as to the principal offence?

D's knowledge is satisfied by mere foresight of risk Signup and view all the answers

What happens if P commits a less serious principal offence than D intended?

D is liable for the inchoate offence of assisting or encouraging the more serious offence Signup and view all the answers

What is the reason why D may be liable as an accomplice to the more serious offence even though it is not completed by P?

Because P lacks the essential elements of the offence Signup and view all the answers

What determines D's liability as an accessory?

P's actus reus Signup and view all the answers

What happens to D's liability if P lacks mens rea for the principal offence?

D's liability is also minimised Signup and view all the answers

What is an exception to D's derivative liability?

Where D acted with mens rea for a more serious principal offence Signup and view all the answers

What happens if P commits a more serious offence than intended by D?

D's liability is limited to the intended offence Signup and view all the answers

What is an exception to D's liability where P commits a constructive liability offence?

D can be liable as an accomplice without mens rea for the result element Signup and view all the answers

What happens if P commits an offence different from that intended by D?

D's liability is unaffected Signup and view all the answers

What is an overwhelming supervening event (OSE)?

Where Ps unintended conduct severs the links required for complicity liability Signup and view all the answers

Can D rely on an OSE where D is claiming that the overwhelming event is a change of mens rea by P and D herself has the mens rea for the principal offence?

It is difficult to envision a case where it is possible Signup and view all the answers

What is a potential OSE example?

Where D intentionally assists an attack on a certain specific target and P intentionally attacks a different target Signup and view all the answers

What is the condition for transferred malice to operate in a case where P attempts to kill X but accidentally kills V?

P's intention to kill X is transferred to V Signup and view all the answers

What is the basis for establishing an OSE where P carries out the principal offence as planned?

There is no OSE in this case Signup and view all the answers

What is the condition for D to be liable for crime B in a joint enterprise scenario?

D had foreseen as a possibility that P might commit crime B with MR Signup and view all the answers

What type of offence can D be complicit in, apart from substantive offences?

Inchoate offences Signup and view all the answers

What is the effect of D withdrawing from assisting or encouraging P to commit the principal offence?

D can limit her liability to the inchoate charge and avoid complicity liability Signup and view all the answers

What is the victim rule in relation to complicity?

A person within the protected class is not complicit if they assist, encourage, or procure the offence to be committed against themselves Signup and view all the answers

What is OSE in the context of complicity?

Occasional Secondary Event Signup and view all the answers

What is the relationship between complicity and inchoate liability?

D can be complicit in an inchoate offence Signup and view all the answers

What is the general rule for OSE in relation to the change of target?

There will be no OSE where the change of target is unintentional Signup and view all the answers

What is joint enterprise liability in the context of complicity?

A separate route to complicity Signup and view all the answers

Study Notes

Parties to a Crime/Complicity

D's liability derives from proof of the principal offense, not from P's conviction for it
D's liability depends on proof that their acts were relevant to a principal offense that has been committed by another party

Uncertainty: Principal Offenders and Accomplices

Legal uncertainties: separating principal offenders and accomplices can emerge in cases of innocent agency
Factual uncertainties: factual problems separating principal offenders and accomplices can emerge in cases where D's role in the principal offense is unclear

Complicity by Aiding, Abetting, Counselling, or Procuring

D is labelled and punished as if they committed the principal offense
Cases begin by identifying the crime that P has committed, and then discuss D's actus reus and mens rea in relation to that principal offense

Actus Reus of Aiding, Abetting, Counselling, or Procuring

D's conduct only needs to satisfy one of these terms to complete the actus reus
Aiding: assisting at the time P commits the principal offense or in advance of the offense
Abetting: encouraging, including instigating or emboldening, or discouraging by threatening
Counselling: encouraging, including instigating or emboldening
Can D assist or encourage by omission? Yes, in certain circumstances

Must D Cause P's Offense?

No casual link is necessary for inchoate assisting or encouraging
D's liability in complicity derives from P's completion of a crime

Principal or Accomplice

D as a principal offender: completes the AR and MR elements of the principal offense
D as a coprincipal: each actor completes the AR and MR of the offense
D as a principal via innocent agency: uses a party as a tool to commit an offense, and that party is unaware of the circumstances that would make their acts criminal
D as an accomplice: aids, abets, counsels, or procures P to commit the offense and P does so

Mens Rea of Aiding, Abetting, Counselling, or Procuring

D's MR as to her own conduct: voluntarily performing the actus reus, and intending to assist or encourage P
D's MR as to the principal offense: intending that P will commit the offense and knowing the essential elements of P's offense### Omission to Secure Escape (OSE)
No OSE where P's change of target is unintentional
P's mens rea (intention to kill X) is transferred to V if P attempts to kill X but accidentally kills V
Same is true for D: her mens rea (intention of P killing X) is also transferred to V

Qualifications for OSE

No OSE if the change is insubstantial
Unlikely to be an OSE where P carries out the principal offence as planned and goes on to commit an additional event of the same type

OSE and Factual Differences

Factual differences that break the nexus of responsibility between D and the principal offence may establish an OSE
P acting in a considerably more dangerous way than that intended by D may be a basis for establishing an OSE

Joint Enterprise Liability

Joint enterprise liability is a separate route to complicity
Involves a coordination of behavior between D and P towards a common criminal end
D is liable for Crime B if D had foreseen as a possibility that P might commit it with MR, and the manner in which P did so was not fundamentally different from what D had foreseen might happen

Complicity and Inchoate Liability

D may be complicit in inchoate offences such as conspiracy to rape or assisting murder
D assists, encourages, or procures the inchoate offence, and P goes on to commit that inchoate offence

Defences

General defences and denials of offending apply to complicity as all other criminal offences
Withdrawal: D cannot negate inchoate liability if she later withdraws by removing or renouncing her assistance or encouragement
However, if D successfully withdraws in time, D will be able to limit her liability to the inchoate charge and avoid complicity liability

The Victim Rule

Applies to offences designed to protect a specific class of victim
Someone within that class is not complicit where they assist, encourage, or procure the offence to be committed against themselves
Defence will not apply to D within the protected class if she assists or encourages P to commit the offence against another person within that class

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Test your understanding of accomplice liability in criminal law, including the roles of parties to a crime and the concept of complicity. Review the circumstances under which accomplices can be held liable and the additional blameworthiness derived from their actions.