Secondary liability

Question 1

What is secondary liability?

Answer 1

• Where someone does not actually commit the substantive crime but was party to it for example providing a gun at an armed robbery

Question 2

What is a primary offender?

Answer 2

• The person who commits the substantive offence

Question 3

Where can law on secondary liability be found?

Answer 3

• Section 8 Accessories and Abettors Act 1861

Question 4

What does Section 8 of the Accessories and Abettors Act 1861 say?

Answer 4

• Whosoever shall aid abet counsel or procure shall be liable to be tried and punished as a principle offender
• The four words above should be given their ordinary meaning
• This shows 4 ways someone can become a secondary participant

Question 5

A-G reference (No1 1975)

Answer 5

• Aid, Abet , Counsel or Procure should be given their ordinary meanings

Question 6

Stringer 2011

Answer 6

• D ‘s conduct must have some relevance to the commission of the principal offence and there must be some connecting link

Question 7

Tuck v Robinson 1970

Answer 7

• Helping or giving assistance (not mere presence) would constitute to aid

Question 8

What does Abet mean?

Answer 8

• To encourage assist or incite

Question 9

What happens if the principle offender was a child or a mentally disabled person?

Answer 9

• The secondary offender would become the principle

Question 10

Calhaem 1985

Answer 10

• Advised or solicited the principle to kill her husband

Question 11

What does procure mean?

Answer 11

• To cause or produce by endeavour

Question 12

Clarkson 1971

Answer 12

• 2 soldiers went back to their barracks to find a 3rd soldier raping a women and they sat and watched
• They were not liable because the crime was already happening

Question 13

What is the MR of secondary liability?

Answer 13

• D must know or intend that his conduct will assist or encourage p’s conduct.
• AND D must have intended to assist or encourage the commission of the principle offence