This chapter begins by explaining the concept of an inchoate or ‘incomplete’ offence. Such an offence may occur when D does all that he or she can do to commit the crime (such as shooting at the victim), but simply fails to bring about the outcome. Alternatively, such an offence may occur when D is still at the stage of preparation for committing the offence, but has come so close to committing it that it would be right to call the acts in question an ‘attempt’ in themselves. The chapter then discusses the justifications for penalizing attempts at crimes, the elements of criminal attempt, the justifications for an offence of conspiracy, the elements of criminal conspiracy, encouraging or assisting crime, voluntary renunciation of criminal purpose, the relationship between substantive and inchoate crimes, and the place of inchoate liability.
Chapter
13. Inchoate Offences
Chapter
6. Parties to crime
A person who aids, abets, counsels, or procures another to commit an offence is criminally liable and known as an ‘accessory’ (or ‘accomplice’/‘secondary party’). This chapter focuses on the distinction between accessories and principals, how accessorial liability differs from inchoate liability, the principal offender, innocent agency, the accessory’s actus reus, whether an omission is sufficient, and whether mere presence at the crime is enough. The chapter discusses the Supreme Court decision in Jogee, examining problems of ‘joint enterprise liability’, issues of terminology, the significance of the doctrine of joint enterprise in murder, and why the Supreme Court characterized it as involving a ‘wrong turn’. It examines the limited role that the plea of overwhelming supervening event might play, particularly in homicide cases. It also deals with withdrawal by an accessory before the principal offender commits the crime, victims as parties to crime, and instigation by law enforcement officers for the purpose of entrapment.
Chapter
12. Parties to crime
This chapter examines the criminal liability of parties to a crime. Where D involves herself in the crime of another, and that crime is completed, D may not just be liable for her inchoate role, but may be additionally liable as an accomplice. As such, she is labelled and punished in the same way as the principal. This chapter begins with an overview of the current law of complicity and the circumstances where uncertainty can emerge in determining whether D is a principal or an accomplice. It then considers the elements of complicity by aiding, abetting, counselling, or procuring; the abolition of complicity by joint enterprise; the relationship between complicity and inchoate liability; and available defences. It outlines options for legal reform concerning complicity and the potential application of complicity within a problem question. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Chapter
12. Parties to crime
David Ormerod and John Child
This chapter examines the criminal liability of parties to a crime. Where D involves herself in the crime of another, and that crime is completed, D may not just be liable for her inchoate role, but may be additionally liable as an accomplice. As such, she is labelled and punished in the same way as the principal. This chapter begins with an overview of the current law of complicity and the circumstances where uncertainty can emerge in determining whether D is a principal or an accomplice. It then considers the elements of complicity by aiding, abetting, counselling, or procuring; the abolition of complicity by joint enterprise; the relationship between complicity and inchoate liability; and available defences. It outlines options for legal reform concerning complicity and the potential application of complicity within a problem question. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Chapter
6. Parties to crime
David Ormerod and Karl Laird
A person who aids, abets, counsels or procures another to commit an offence is criminally liable and known as an ‘accessory’ or a ‘secondary party’. This chapter focuses on the basis of their liability, the distinction between accessories and principals, how secondary liability differs from inchoate liability, the principal offender, innocent agency, the accessory’s actus reus, whether an omission is sufficient and whether mere presence at the crime is enough. The chapter discusses the Supreme Court decision in Jogee, examining problems of ‘joint enterprise liability’, issues of terminology, the significance of the doctrine of joint enterprise in murder and why the Supreme Court characterized it as involving a ‘wrong turn’. It also deals with withdrawal by a secondary party before the principal offender commits the crime, victims as parties to crime and instigation by law enforcement officers for the purpose of entrapment.
Book
David Ormerod, Karl Laird, and Matthew Gibson
This textbook, now in its 17th edition, has been completely updated to include all recent legislative and case law developments, together with detailed analysis of those developments. Part I begins with an introduction to criminal law, with reference to definitions, context, and sources, followed by discussion of the elements of a crime (actus reus and mens rea), before moving on to considering crimes of negligence and strict liability. It then assesses accessorial liability, along with corporate and vicarious liability. Subsequently, it discusses mental condition defences, alongside issues relating to mistake and intoxication, as well as general defences. The final chapter of Part I provides a detailed review of inchoate offences. Part II examines specific offences, beginning with murder, manslaughter, and other homicide and related offences. Next, it focuses on non-fatal offences and sexual offences. It then reviews a range of property, fraud, and related offences, notably: theft, robbery, offences of temporary deprivation, making off without payment, general and ancillary fraud offences, blackmail, burglary, handling stolen goods, and offences of damages to property. Finally, a range of online chapters address computer misuse, forgery, obscene communication and publication offences, offences against public order, road traffic offences, money laundering, and offensive weapons.