Lecture notes
secondary liability
- Module
- Criminal Law
- Institution
- University Of Winchester (UoW)
Lecture notes of 4 pages for the course Criminal Law at UoW (secondary liability)
[Show more]
Seller
Follow
Content preview
Secondary LiabilityComplicity
Accessories and Abettors Act 1861:
S8: “Whosoever shall aid, abet, counsel, or procure the commission of [any indictable offence] , whether the same be
[an offence] at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and
punished as a principal offender”
The same liability is given to those who: aid, abet, counsel or procure
How a co-defendant can be tried:
As a joint principal or principle
The defendant has played an active role in the actus reus of the offence committed
As an accessory
The defendant (D2) has aided, abetted, counselled or procured principle offender (PO or D1) in the acts from which the
offence was constructed
Who is the Principal?
The perpetrator of the crime – the person who commits the actus reus
Giannetto [1997]
Made threats to kill wife and paid a man (Welch) to kill her
Unable to establish who had actually killed his wife
D convicted of murder – either he or somebody acting on his behalf had killed his wife
Point for appeal: did it need to be clear that D was PO or an accessory?
Giannetto – Court of Appeal
The jury “were entitled to convict if they were all satisfied that if he was not the killer he at least encouraged the killing,
and accordingly this ground of appeal fails”
Jury must agree on two things:
The basis for which they find D guilty
Defendant must know what case he has to meet
Actus Reus
R v Jogee [2016] – updated the law on the actus reus of complicity
Principles of joint enterprise are the same as being an accomplice, so…
Assisting the commission of an offence
Encouraging the commission of an offence
S8 Accessories and Abettors Act 1861
There needs to be an offence committed by PO
The accomplice will be charged with the same offence as PO
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card for the summaries. There is no membership needed.
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 vickyhoney. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £10.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now