complicity

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  • Created by: Rebeka188
  • Created on: 14-04-16 11:09
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  • Complicity
    • Serious Crime Act 2007
      • helping or assisting the commision of a criminal offence, but principal does not go on to commit the crime
      • inchoate liability
  • commit the crime with relevant mens rea
    • can be more than one
  • innocent agents
  • Saunders and Archer: apple-wife-child 
    • Cogan and Leak: husband-friend-wife-rape
  • aiding and abetting: assistance and/or encouragement at the scene of the crime
    • counselling: encouragement before the commission of the offence, practical assistance eg. info, equipment
      • procure: acting to as to ensure that the offence is committed even though the principal is unaware that this is your intention
        • AG's Ref (No 1 of 1975): you rpocure a thing by setting out to see that it happens and taking the appropriate steps to produce that happening. you cannot procure unless there is a casual link between what you do and the commission of the offence
  • Devlin J in NCB v Gamble:  intention to assist (or encourage) as well as knowledge of the circumstances. 
    • no need to prove that A wanted the offence to be committed
  • 2. Knowledge of circumstances 
    • he must at least know the essential matters which constitute that offence.“Johnson v Youden (1950) 
      • D intends to kill or cause GBH
        • D does not need to know all the details, only the essential ones
          • that property he is helping to appropriate belongs another
      • that property he is helping to appropriate belongs another
      • Bainbridge: A does not need knowledge of the precise crime to be committed. It is enough that he knows the type of offence the principal intends to commit (flame thrower) 
      • DPP for NI v Maxwell:  “ An accessory who leaves it to his principal to choose is liable, provided always that the choice is made from the range of offences from which the accessory contemplates the choice will be made.” : needs to be on the shopping list of the possible crimes
  • if the crime instigated is not committed D will not be liable - crime committed must be outside the scope of common purpose
    • Saunders and Archer: depends whether the variation is deliverate and substantial variation from the common purpose

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