Accessorial Liability

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  • Created by: Launston
  • Created on: 13-05-14 11:39
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  • Acce**ories
    • Joint Enterprise
      • Both parties contribute to the actus reus of the offence
    • Principle and Acce**ory
      • Only one party commits the actus reus and the other offers a**istance
      • Actus Reus
        • Counsel
        • Abet
          • Consensus but not causation
            • Bryce - acce**ories should be charged using a 'catch-all' composite phrase
        • Procure
          • Causation but not consenus
        • Aid
          • Actual a**istance but not consensus or causation
      • Mens Rea
        • Bryce - three elements
          • Intentionally doing an act knowing it is capable of a**isting the principle
          • Doing the act with the intention of a**isting the principle
          • Doing the act in contemplation of the commi**ion of the substantive offence
            • Need not know precisely what the principal intends but must have some knowledge of the criminal purpose
              • Bainbridge - supplied cutting equipment suspecting it would be used for illegal purposes but did not know specifics of offence
              • Maxwell - drove terrorists to pub knowing they would commit attack there but did not know what sort of attack
      • May escape liability by withdrawal
        • Level of participation
          • More a**istance, more he must do to withdraw
        • Nearne** to completion
          • Becerra - fled scene in middle of burglary - not effective withdrawal
        • Communication of withdrawal
          • Rook - failed to meet the others to commmit the offence - had not communicated so still liable
            • Becerra - jumped out window during burglary - must serve unequivocal notice
        • Spontaneous offences
          • Communication is waived
            • Robinson - struck first blow but then protected victim
              • Defendant who initiated attack can only withdraw in exceptional circumstances
    • Principal acquitted but acce**ory liable
      • Principal may have a defence
        • Bourne - wife acquitted of buggery due to defence of dure**
      • Principal may lack mens rea
        • DPP v K and B - no mens rea for **** as he may have believed she was consenting
          • Shows that acce**ories can still be liable for offences they cannot commit (women and ****)
    • Principal and acce**ory liable for different offences
      • Offences may have the same actus reus but different mens rea - **. 18 and 20 OAPA
    • Departure from Common Plan
      • Anderson and Morris - parties become liable for unplanned offences caused by others
        • Exception: one party has done something so different than what was agreed
          • Powell - knew that gun was being carried
          • English - unaware of weapon
          • Rahman - liability arises on basis of what the acce**ory foresaw that the principal might do


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