Questions and Answers
What term is used to describe the person who carries out the actus reus of the offence?
Principal offender
In a situation where a person hires someone else to commit a crime, what role would the person hiring be classified as?
Innocent agent
What is an innocent agent?
A third party used by the principal offender to commit the actus reus
If a joint principal contributes to the actus reus by committing their own independent act, they are:
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In what situation could an innocent third party be utilized to carry out the actus reus of a crime?
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What distinguishes a joint principal from an innocent agent in the commission of a crime?
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In the scenario with the ex-wife wanting to kill her ex-husband, why would the daughter not be liable for the murder?
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If an innocent agent is below the criminal age of responsibility, what defense might they have available?
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What would negate an innocent agent's liability for an offense if they were tricked by the principal offender?
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In what circumstances could a person who shot at a dark shadow thinking it was a bear plead mistake as a defense?
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Who are secondary parties commonly described as in relation to crimes?
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When do secondary parties incur accomplice liability?
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Study Notes
Parties to Crime
- Not only the person who carries out the actus reus of an offence is liable, but others who play a part in the crime can also be liable.
Principal Offender
- The person who carries out the actus reus of the offence.
- Also referred to as the main perpetrator of the offence.
Joint Principals
- A joint principal contributes to the actus reus by committing their own independent act.
- Example: In a battery, a joint principal would throw a punch of their own at the victim, making them equally liable.
Innocent Agents
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A person who carries out the actus reus of an offence without having the requisite mens rea.
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There are two situations where this can arise:
Lacking Mens Rea
- The agent lacks the requisite mens rea for the offence.
- Example: An ex-wife uses her daughter to give her ex-husband peanut brownies, unaware that they contain nuts, and the ex-husband dies from eating one.
- The daughter lacks the mens rea for murder, but the ex-wife, as the principal offender, has the mens rea and is liable.
Defence Available
- The agent has a defence available that negates the actus reus.
- Example: If the agent is tricked by the principal offender, they may have the defence of mistake.
- Alternatively, if the agent is below the criminal age of responsibility, this would negate their liability.
Secondary Parties
- Secondary parties are more commonly described as accomplices or accessories to the crime.
- They help or encourage the principal offender without physically carrying out the actus reus.
- The help must be provided before or during the commission of the offence.
- Example: Providing help to the principal offender after the offence has been completed (e.g., helping them escape) does not give rise to accomplice liability, but may lead to liability for other principal offences.
