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Summary - Criminal Law
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summary of notes on complicity (from 1st year law topics)
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COMPLICITY- aris when 2 or more people agree to commit an offence which is then committed by
one or more of them or when a person plays a supporting role in the commission of an
offence (e.g being lookout on burglary)
- arises when two or more people agree to commit an offence which is then committed
by one of more of them, or when a person plays a supporting role in the commission of
an offence.
Complicity is the legal term for assisting or helping someone commit a crime. It is more
commonly known as "accessory" or "aiding and abetting." Under the law a person can be
charged with complicity if they solicit, aid or abet a person in the commission of a crime.
- its an offence :
Complicity creates a general liability for assisting or encouraging another in a crime. Fur-
thermore, the unitary system of liability treats an accomplice as a principal in terms of
conviction, so that both are guilty of the substantive offence.
KEYWORDS :
- accessories
- secondary parties
(persons who assist or encourage another to commit a crime : These persons are known
as accessories or secondary parties.described as accomplices or accessories to the
crime. They are people who help or encourage the principal offender without themselves
physically carrying out the actus reus. The help must be provided before or during the
commission of the offence as any help that comes after the offence has been completed,
for example providing the offender with help escaping will not give rise to accomplice lia-
bility but may give rise to liability for other principal offences.
There are separate charging provisions in relation to being a secondary party to an in-
dictable offence and to being a secondary party to a summary offence.
-principals
*The person for whom such act is done, or who is so represented, is called the 'principal'.
*The party that empowers another party to act on the first party's behalf. For example,
the person who appoints a person via a power of attorney to act on their behalf in rela-
tion to certain matters is a principal.
AKA
- perpetrators
A perpetrator is a person who committed a crime. In the instance of a joint crime (if more
than 2 persons are involved in a crime) it is necessary to clarify the criminal liability and
punishment among the defendants.
Principal offender = person who carries out the actus reus, or in lay terms, the main per-
petrator of the offence.
Joint principals = A joint principal contributes to the actus reus by committing their own
independent act. For example, in a battery a joint principal would throw a punch of their
own at the victim so be equally liable.
Innocent agent = It is possible that the principal offender will not carry out the actus reus
of their chosen offence themselves, but instead utilise an innocent third party to carry
out the actus reus instead. There are two distinct situations where this could arise.
1. Where the agent lacks the mens rea for the offence
2. Where the agent has a defence available to them
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, ACTUS REUS =
Aided: Helped in a practical way or offered support and assistance (assisstance
must contribute to P's crime (but not strictly cause it)but assisstance may still be
minimal)
(R V BRYCE 2004) An accessory only needs to have foresight of the possibility
and not certainty of the principal offence being committed. (POTTER LJ)
• It was not necessary for the prosecution to prove that the D’s acts of assistance
were performed at a time when X had formed the necessary intent for murder
• All that was necessary in the accessory was foresight of the real possibility that an
offence would be committed by the person to whom the accessory’s acts of assis-
tance were directed
Abetted: Encouraged or assisted in the commission of the offence (encoruaging
(positively or negatively)
(R V CLARKSON 1971) Aiding and abetting must entail positive encourage-
ment.
•Mere presence at the scene is not enough
•The prosecution had to establish that Ds not only intended to encourage but also
actually encouraged the offence
(R V GNANGO 2011) provoking isn't the same as encouraging. If a defendant throws a
punch it might provoke his victim to throw one in return but this will not without more
amount to an encouragement to throw the punch.
Counselled: Formally advised in relation to the commission of the offence (en-
couraging same as abetting). Its important encouragement is communicated to P
(they’re aware of it)
(R V GIANNETTO 1997)
Procured: Persuaded or caused someone to commit the offence (produce by en-
deavour = caused offence)
(AG REFERENCE 1975) held that since the defendant put alcohol into the motorist’s
drink surreptitiously, i.e. without the motorist’s knowledge, and this alcoholic drink
caused the motorist’s offence (as the motorist would not have driven, had he known that
he consumed alcohol), the defendant actually procured the commission of the motorist’s
offence. As a result, the ruling of no case to answer was wrong and the defendant was
not entitled to this ruling
MENS REA =
Once it has been established that an act took place that could give rise to secondary
party liability, the accompanying MR needs to be shown in order for liability to be com-
pleted.
• Knowledge that the actions and circumstances constituting a criminal offence ex-
isted
(FERGUSON V WEAVING 1951) = held that the licensee could not be guilty of coun-
selling and procuring, if she had no knowledge of the principal offence. In order to find
the licensee guilty, it should be proved that she knew the essential matters which consti-
tuted the offence.
(DPP V MAXWELL 1978) = knowledge of the specific offence was not necessary as
long as the offence committed fell within a range of offences within the defendant’s con-
templation. For example, theft, robbery, burglary would all fall within one range, as
would actual bodily harm, grievous bodily harm and murder
Note : (D won't escape liablity by practising willful blindless e.g knowing situation but
negating to ask to obtain further knowledge)
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