100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Summary Criminal Law - Accomplice Liability and Attempts (Notes & Exam Guidance) $6.44
Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of Law (ULaw)
  4.  
  5. Criminal Law

Summary

Summary Criminal Law - Accomplice Liability and Attempts (Notes & Exam Guidance)

1 review
 26 views  0 purchase
  • Course
  • Criminal Law
  • Institution
  • University Of Law (ULaw)

These notes cover most of the topics taught on the postgraduate conversion courses in the UK (the GDL and the PGDL). They can also cover many introductory papers taught on UK undergraduate Law degrees (LLBs). These notes include guidance on exam structure and technique where relevant. Compared t...

[Show more]

Preview 2 out of 9  pages

Document information

  • July 19, 2023
  • 9
  • 2021/2022
  • Summary

Subjects

  • criminal
  • law
  • gdl
  • pgdl
  • accomplice
  • liability
  • attempts

Written for

  • University of Law (ULaw)
  • Unknown
  • Criminal Law
All documents for this subject (29)

1  review

review-writer-avatar

By: noamanhmalik • 1 month ago

Seller

avatar-seller
lawnotes08

Reviews received

Content preview

Criminal Law - Accomplice Liability and Attempts

Accomplice Liability / Secondary Participation - s.8 Accessories and Abettors Act
1861 / s.44 Magistrates’ Court Act 1980

Exam structure for problem questions involving accomplice liability:

1) Liability of principal offender (focus on crimes for principal offenders before
accomplices even if they’re mentioned after accomplices in the question info)
2) Defences available to principal offender
3) Liability of accomplice
4) Defences available to accomplice
5) Repeat per possible crime

Principal: the person who commits the AR of the criminal offence, co-principals if
more than 1 person commits offence together

Criminal liability of secondary parties:
- S.8 Accessories and Abettors Act 1861 (either way and indictable offences only)
- Whoever aids, abets, counsels or procures the commission of an
indictable offence will be tried as a principal offender
- S.44 Magistrates’ Courts Act 1980 (similar provisions for summary offences)

AR:
- [Go straight to second AR element (aiding, abetting etc) if you’ve already
discussed PO’s AR] PO must commit the AR of the principle offence
- Where PO did not commit the AR of the crime, D cannot be guilty as an
accomplice
- Confirmed in R v Dias
- Facts:
- D charged as an accomplice to a charge of unlawful
dangerous act/constructive manslaughter
- V injected themselves with drug supplied by D and
died
- Issue:
- Could D be convicted as an accomplice as the
principal (V) had not committed an unlawful act (by
injecting themselves with drugs)?
- Held:
- NO - D not guilty as they could not be an accomplice
when V had not committed the AR of an offence (they

, had not committed an unlawful act by injecting
themselves with drugs)
- As long as the principal commits the AR of a crime, an accomplice
can still be guilty even if the principal is found not guilty of
committing a crime (due to lack of MR) - confirmed in R v Cogan and
Leak

- D (secondary participant) must assist or encourage - ‘aid, abet, counsel, or
procure’ - the commission of the offence
- Each word given its ordinary meaning which is different from the other - A-
G’s Reference (No 1 of 1975)
- Aid - give assistance
- Abet - give encouragement at the time of the offence
- Counsel - give encouragement before time of the offence
- Procure - help bring about the offence

- Aiding/abetting/counselling/procuring acts can be viewed as one series of
acts carried out in order to achieve the defendants’ plan (indicating intent),
unless D has effectively withdrawn - Thabo-Meli

- Some conflict in case law over whether mere presence at the scene of a
crime is enough to amount to the AR of being an accomplice
- Not enough in R v Clarkson
- Facts:
- Ds heard a woman being raped, entered room and
did nothing to stop offence
- Held:
- Not enough to show Ds were present when principals
committed the offence
- Prosecution had to prove Ds encouraged the offence
- Enough for accomplice liability where D has a duty/right to stop
criminal behaviour, and not doing so amounts to encouragement
- E.g. Tuck v Robson - breach of contractual duty
- Facts:
- Licensee of pub allowed customers to drink
after hours in breach of licence
- E.g. R v Russell and Russell - special relationships
- Facts:
- One parent failed to intervene to protect child
from abuse by the other
- Held:

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller lawnotes08. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $6.44. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$6.44
  • (1)
Add to cart
Added