11 Complicity

Question 1

Who is the principal and who is the accomplice/accessory?

Answer 1

• The principal is the person whose act creates the actus reus of the offence
• The accomplice is the person who aids, abets, counsels or procures the principal in the commission of the offence

Question 2

When are the 2 defendants joint principals?

Answer 2

-i.e. when both stab the victim and the cumulative result is that they die - concurrent causes

Question 3

What happens when it is unclear who dealt the fatal blow?

Answer 3

-They are both guilty of murder - Giannetto [1997]

Question 4

What is an innocent agent?

Answer 4

-Somebody who is unaware of the criminal nature of the act - i.e. in Michael [1840]

Question 5

What is aiding?

Answer 5

• Helping or assisting i.e. through providing equipment or a weapon - Bryce [2004]
• Assistance does not need to come at the time of the offence - Stringer [2011]

Question 6

What is abetting?

Answer 6

-Encouragement at the time of the offence

Question 7

What is counselling?

Answer 7

-Encouraging, inciting or instigating the offence

Question 8

What is procuring?

Answer 8

-The accomplice caused the principal to commit the offence

Question 9

What is joint enterprise?

Answer 9

• Where 2 or more people embark on the commission of a criminal offence and one of them goes on to commit a further offence
• i.e. Victoria station 2010

Question 10

What is the mens rea for the accomplice?

Answer 10

1. He realised that his act could assist the principal and that he intended to assist them
2. He foresaw that there was a real possibility of the principal committing the crime he did

Question 11

What is the test from Powell & English?

Answer 11

1. The defendant accomplice foresaw that the principal might go on to commit the offence
2. The act of the principal must be foreseen
3. The accomplice is liable if the principal does an act of the kind intended or foreseen by the accomplice

Question 12

When is the accomplice not liable?

Answer 12

• When the principal does an act which is fundamentally different from that they foresaw i.e. using a different weapon like the knife in English or Rahman [2008]
• If the accomplice knew the principal had a weapon on him then he is deemed to foresee that the principal will use that weapon

Question 13

Is a person liable for selling a weapon?

Answer 13

-they may be under aiding and abetting

Question 14

Can a party withdraw from a joint enterprise?

Answer 14

• Yes, as long as the withdrawal takes place before the commission of the offence
• The withdrawal must be clear and unequivocal notice - Becerra [1975]