Criminal Law: Complicity Part 1

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What is the primary basis for D's liability in complicity?

D's awareness of the principle offence

D's direct involvement in the commission of the principle offence

D's substantial involvement in the commission of the principle offence (correct)

D's failure to prevent the commission of the principle offence

What is the term for a person who performs or causes the AR of the substantive criminal offence with the necessary MR?

Innocent agent

Principal (correct)

Secondary party

Joint principal

What is the requirement for MR in accessory liability, as considered in R v Jogee?

Intention

Knowledge (correct)

Foreseeability

Recklessness

In a situation where A and B both stab C, and the combined effect of the two wounds is that C dies, what is A and B's liability?

Guilty as joint principals Signup and view all the answers

What is the term for a principal who causes the AR of an offence through an innocent agent?

Principal through innocent agency Signup and view all the answers

What happens when two people have different MR for the same offence?

They are convicted of different offences Signup and view all the answers

If A gives B a knife telling him to stab C to death, which one of the following is most correct?

B is the principal and A is the accomplice Signup and view all the answers

In R v Gianetto, what was the court's decision?

D was liable for murder as principal or accessory Signup and view all the answers

If A and B attack C simultaneously, but without intending to assist each other, what is the outcome?

A and B are indirectly responsible for their own actions only Signup and view all the answers

If A gives B poison, telling B it is medicine for B's child, and B gives it to the child, who is guilty of murder?

Only A is guilty of murder Signup and view all the answers

What is required for A to be convicted as an accessory to robbery?

Aids, abets, counsels or procures the robbery Signup and view all the answers

If A and B jointly commit a robbery, what is the prosecution's burden?

To prove both committed the actus reus and had mens rea Signup and view all the answers

What is the Act that codifies complicity?

Accessories and Abettors Act 1861 Signup and view all the answers

If A supplies B with a hammer, and B uses it to kill C, what is A's liability?

A is liable for assisting murder Signup and view all the answers

What is required to convict B of murder as principal offender?

Both actus reus and mens rea are required Signup and view all the answers

If A and B jointly commit a crime, what is the general rule?

Both A and B can be principals Signup and view all the answers

What is required for complicity liability in terms of the defendant's mens rea?

Intention to assist or encourage the principal offender Signup and view all the answers

What is the circumstance AR for complicity?

Ds conduct is capable of assisting or encouraging the principal offence Signup and view all the answers

What is required for ulterior MR in terms of the principal conduct?

Intend the principal offender to commit the offence Signup and view all the answers

What is the difference between aiding and abetting?

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

What is required for complicity by omission?

All of the above Signup and view all the answers

What is the MR requirement for complicity by omission?

Intention to assist the principal offender Signup and view all the answers

What is the result requirement for complicity?

Ds conduct must assist or encourage the principal offence Signup and view all the answers

What is the difference between complicity and procuring?

Complicity requires partial causation, while procuring requires full causation Signup and view all the answers

What is the circumstance MR for complicity?

Knowledge of the principal circumstances Signup and view all the answers

What is the requirement for encouragement in complicity?

The encouragement must be communicated to the principal offender Signup and view all the answers

What is the actus reus of secondary liability?

Aiding, abetting, counseling or procuring the principal to commit a principal offence Signup and view all the answers

What is the mens rea required for secondary liability?

Intending to do the act which assisted or encouraged the principal offence Signup and view all the answers

In what case was the doctrine of joint enterprise abolished?

R v Jogee Signup and view all the answers

What is the main issue with the doctrine of joint enterprise?

It is not necessary in addition to aiding and abetting Signup and view all the answers

In what scenario can a defendant be liable for procuring an offence despite the principal not committing the offence?

When the principal is an innocent agent and the defendant caused the principal to commit the actus reus. Signup and view all the answers

What is the difference between a principal and an accessory?

A principal is the one who commits the offence, while an accessory is the one who assists or encourages Signup and view all the answers

What is the significance of the 'free, voluntary and informed choice' of the skeleton army in Beatty v Gillbanks?

It breaks the causal chain between the defendant's actions and the offence. Signup and view all the answers

What is the requirement for the defendant's liability in cases like Cogan and Leak and R v Millward?

The defendant must have caused the principal to commit the actus reus. Signup and view all the answers

What is the significance of R v Gnango?

It showed that the distinction between principal and accessory is not always clear Signup and view all the answers

What is the exception to the rule that innocent agents are not procured?

When the offence cannot be committed by an innocent agent. Signup and view all the answers

What is the significance of R v Powell and Daniels?

It showed that the doctrine of joint enterprise can be used to hold defendants liable for collateral offences Signup and view all the answers

What is the mens rea required for the defendant to be liable as a secondary party?

Intending to assist or encourage the principal offence Signup and view all the answers

What was the outcome of D's conviction in Cogan and Leak?

D's conviction was upheld. Signup and view all the answers

What was the issue with the tractor-trailer in R v Millward?

The hitch mechanism was defective. Signup and view all the answers

In what case was the defendant held liable for murder as a secondary party?

R v Jogee Signup and view all the answers

What is the significance of R v Stringer?

It showed that joint enterprise is not an independent source of liability Signup and view all the answers

In order to be guilty as a secondary party, the defendant must perform the actus reus of the principal offence.

False Signup and view all the answers

Joint principals must have the same mens rea for the principal offence.

False Signup and view all the answers

An innocent agent is someone who intentionally assists the principal offender.

False Signup and view all the answers

Accessory liability requires that the defendant intended to assist the principal offender.

True Signup and view all the answers

A defendant can be guilty as a principal offender through an innocent agent.

True Signup and view all the answers

Complicity requires that the defendant had actual knowledge of the principal offence.

False Signup and view all the answers

In R v Gnango, D was charged with murder because he was the one who shot the innocent pedestrian.

False Signup and view all the answers

The doctrine of joint enterprise operated to hold D liable in situations where the normal principles of aiding, abetting, or counseling apply.

False Signup and view all the answers

In R v Jogee, the court abolished the doctrine of joint enterprise and merged it with the standard principles of aiding, abetting, etc.

True Signup and view all the answers

The prosecution must prove that A knew the essential matters which constitute the principal offence to convict A as a secondary party.

True Signup and view all the answers

If A and B jointly commit a robbery, the prosecution must prove that each defendant committed the actus reus of the offence and had the required mens rea.

True Signup and view all the answers

D can be convicted as a secondary party if the prosecution proves that he aided the murder by supplying the hammer, but did not intend to supply the hammer to B.

False Signup and view all the answers

In R v Gianetto, the court held that the defendant was not liable for murder as a secondary party.

False Signup and view all the answers

The law requires a separate doctrine of joint enterprise in addition to aiding, abetting, etc.

False Signup and view all the answers

If A gives B a knife, telling B to stab C to death, and B does so, A is the principal offender.

False Signup and view all the answers

If A and B attack C simultaneously, but without intending to assist each other, they are both guilty of murder.

False Signup and view all the answers

In R v Powell and Daniels, D was charged with murder as a principal offender.

False Signup and view all the answers

The mens rea required for the defendant to be liable as a secondary party is intention to do the act which assisted or encouraged the principal offence.

True Signup and view all the answers

A is guilty of murder as a principal offender if A gives B some poison, telling B it is medicine for B's child, and B gives the poison to the child, who dies.

True Signup and view all the answers

In R v Gianetto, the court held that D was liable as a principal offender.

False Signup and view all the answers

If A supplies B with a hammer, and B uses it to kill C, A is not liable for murder as an accessory.

False Signup and view all the answers

A can be convicted as a secondary party if the prosecution proves that he foresaw that if B did kill, he would do so with the requisite mens rea for murder.

True Signup and view all the answers

In order to convict B of murder as a principal offender, the prosecution must prove that B had both the actus reus and mens rea of murder.

True Signup and view all the answers

The Accessories and Abettors Act 1861 only applies to summary offences.

False Signup and view all the answers

If A and B decide to carry out a robbery together, but A keeps a lookout while B threatens the shop attendant, A is guilty of robbery as a principal offender.

False Signup and view all the answers

The mens rea required for accessory liability is the intention to aid or abet the principal offender.

True Signup and view all the answers

If A gives B a knife, telling B to stab C to death, and B does so, B is not guilty of murder as a principal offender.

False Signup and view all the answers

In R v Millward, D's conviction was upheld because P lacked the necessary mens rea for the offence.

True Signup and view all the answers

An innocent agent is someone who lacks the necessary mens rea for the principal offence.

True Signup and view all the answers

In Cogan and Leak, D was convicted as a principal offender.

False Signup and view all the answers

The salvation army was held liable for procuring the offence in Beatty v Gillbanks.

False Signup and view all the answers

To be convicted as an accomplice, the defendant must intend to assist the principal offender.

False Signup and view all the answers

In R v Millward, P was convicted of the principal offence.

False Signup and view all the answers

In complicity, the actus reus requirement is that the defendant's conduct must be capable of assisting or encouraging the principal offender, but it is not necessary that the defendant's conduct actually assists or encourages the principal offender.

False Signup and view all the answers

For complicity by omission, the defendant must have breached a recognised duty to act, but it is not necessary that they have power or right to control the principal offender's conduct.

False Signup and view all the answers

In cases of procuring, the defendant must have intended to cause the principal offender to commit the offence, but it is not necessary that they have full causation.

False Signup and view all the answers

The mens rea requirement for complicity is that the defendant must have knowledge of the principal offender's mens rea.

False Signup and view all the answers

In R v Clarkson, the court held that the defendant's voluntary presence was not sufficient to satisfy the actus reus of complicity.

False Signup and view all the answers

For complicity, the defendant's conduct must be a direct cause of the principal offender's offence.

False Signup and view all the answers

The ulterior mens rea requirement for complicity is that the defendant must intend the principal offender to commit the offence, but it is not necessary that they intend the principal offender to have the required mens rea.

False Signup and view all the answers

In cases of aiding, abetting, or counselling, the defendant must have intended to assist or encourage the principal offender, but it is not necessary that they have knowledge of the principal offender's mens rea.

True Signup and view all the answers

The defendant's omission can be sufficient to satisfy the actus reus of complicity, but only if they have a recognised duty to act.

True Signup and view all the answers

For complicity, the defendant's conduct must be a substantial contribution to the principal offender's offence.

False Signup and view all the answers

Criminal Law: Complicity Part 1

Podcast

Questions and Answers

What is the primary basis for D's liability in complicity?

What is the term for a person who performs or causes the AR of the substantive criminal offence with the necessary MR?

What is the requirement for MR in accessory liability, as considered in R v Jogee?

In a situation where A and B both stab C, and the combined effect of the two wounds is that C dies, what is A and B's liability?

What is the term for a principal who causes the AR of an offence through an innocent agent?

What happens when two people have different MR for the same offence?

If A gives B a knife telling him to stab C to death, which one of the following is most correct?

In R v Gianetto, what was the court's decision?

If A and B attack C simultaneously, but without intending to assist each other, what is the outcome?

If A gives B poison, telling B it is medicine for B's child, and B gives it to the child, who is guilty of murder?

What is required for A to be convicted as an accessory to robbery?

If A and B jointly commit a robbery, what is the prosecution's burden?

What is the Act that codifies complicity?

If A supplies B with a hammer, and B uses it to kill C, what is A's liability?

What is required to convict B of murder as principal offender?

If A and B jointly commit a crime, what is the general rule?

What is required for complicity liability in terms of the defendant's mens rea?

What is the circumstance AR for complicity?

What is required for ulterior MR in terms of the principal conduct?

What is the difference between aiding and abetting?

What is required for complicity by omission?

What is the MR requirement for complicity by omission?

What is the result requirement for complicity?

What is the difference between complicity and procuring?

What is the circumstance MR for complicity?

What is the requirement for encouragement in complicity?

What is the actus reus of secondary liability?

What is the mens rea required for secondary liability?

In what case was the doctrine of joint enterprise abolished?

What is the main issue with the doctrine of joint enterprise?

In what scenario can a defendant be liable for procuring an offence despite the principal not committing the offence?

What is the difference between a principal and an accessory?

What is the significance of the 'free, voluntary and informed choice' of the skeleton army in Beatty v Gillbanks?

What is the requirement for the defendant's liability in cases like Cogan and Leak and R v Millward?

What is the significance of R v Gnango?

What is the exception to the rule that innocent agents are not procured?

What is the significance of R v Powell and Daniels?

What is the mens rea required for the defendant to be liable as a secondary party?

What was the outcome of D's conviction in Cogan and Leak?

What was the issue with the tractor-trailer in R v Millward?

In what case was the defendant held liable for murder as a secondary party?

What is the significance of R v Stringer?

In order to be guilty as a secondary party, the defendant must perform the actus reus of the principal offence.

Joint principals must have the same mens rea for the principal offence.

An innocent agent is someone who intentionally assists the principal offender.

Accessory liability requires that the defendant intended to assist the principal offender.

A defendant can be guilty as a principal offender through an innocent agent.

Complicity requires that the defendant had actual knowledge of the principal offence.

In R v Gnango, D was charged with murder because he was the one who shot the innocent pedestrian.

The doctrine of joint enterprise operated to hold D liable in situations where the normal principles of aiding, abetting, or counseling apply.

In R v Jogee, the court abolished the doctrine of joint enterprise and merged it with the standard principles of aiding, abetting, etc.

The prosecution must prove that A knew the essential matters which constitute the principal offence to convict A as a secondary party.

If A and B jointly commit a robbery, the prosecution must prove that each defendant committed the actus reus of the offence and had the required mens rea.

D can be convicted as a secondary party if the prosecution proves that he aided the murder by supplying the hammer, but did not intend to supply the hammer to B.

In R v Gianetto, the court held that the defendant was not liable for murder as a secondary party.

The law requires a separate doctrine of joint enterprise in addition to aiding, abetting, etc.

If A gives B a knife, telling B to stab C to death, and B does so, A is the principal offender.

If A and B attack C simultaneously, but without intending to assist each other, they are both guilty of murder.

In R v Powell and Daniels, D was charged with murder as a principal offender.

The mens rea required for the defendant to be liable as a secondary party is intention to do the act which assisted or encouraged the principal offence.

A is guilty of murder as a principal offender if A gives B some poison, telling B it is medicine for B's child, and B gives the poison to the child, who dies.

In R v Gianetto, the court held that D was liable as a principal offender.

If A supplies B with a hammer, and B uses it to kill C, A is not liable for murder as an accessory.

A can be convicted as a secondary party if the prosecution proves that he foresaw that if B did kill, he would do so with the requisite mens rea for murder.

In order to convict B of murder as a principal offender, the prosecution must prove that B had both the actus reus and mens rea of murder.

The Accessories and Abettors Act 1861 only applies to summary offences.

If A and B decide to carry out a robbery together, but A keeps a lookout while B threatens the shop attendant, A is guilty of robbery as a principal offender.

The mens rea required for accessory liability is the intention to aid or abet the principal offender.

If A gives B a knife, telling B to stab C to death, and B does so, B is not guilty of murder as a principal offender.

In R v Millward, D's conviction was upheld because P lacked the necessary mens rea for the offence.

An innocent agent is someone who lacks the necessary mens rea for the principal offence.

In Cogan and Leak, D was convicted as a principal offender.

The salvation army was held liable for procuring the offence in Beatty v Gillbanks.

To be convicted as an accomplice, the defendant must intend to assist the principal offender.

In R v Millward, P was convicted of the principal offence.

In complicity, the actus reus requirement is that the defendant's conduct must be capable of assisting or encouraging the principal offender, but it is not necessary that the defendant's conduct actually assists or encourages the principal offender.

For complicity by omission, the defendant must have breached a recognised duty to act, but it is not necessary that they have power or right to control the principal offender's conduct.