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.
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6. Parties to crime
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7. Parties to crime
Michael J. Allen and Ian Edwards
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the meaning of accomplices, vicarious liability, joint enterprise liability, and corporate liability. All the parties to a crime are accomplices. The person who perpetrates the crime is referred to as the principal. Others, not being principals, who participate in the commission of an offence are referred to as accessories or secondary parties and will be liable to conviction if it is proved that they aided, abetted, counselled, or procured the commission of the crime by the principal. A Law in Context feature examines the implications of the Supreme Court’s important decision in R v Jogee [2016] UKSC 8. Vicarious liability is a form of strict liability arising from the master–servant relationship, without reference to any fault of the employer. A corporation is a legal person and therefore may be criminally liable even though it has no physical existence and cannot act or think except through its directors or servants.
Chapter
7. Parties to crime
Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the meaning of accomplices, vicarious liability, joint enterprise liability, and corporate liability. All the parties to a crime are accomplices. The person who perpetrates the crime is the principal. Others, not being principals, who participate in the commission of an offence are referred to as accessories or secondary parties and will be liable to conviction if it is proved that they aided, abetted, counselled, or procured the commission of the crime by the principal. Vicarious liability is a form of strict liability arising from the employer–employee relationship, without reference to any fault of the employer. A corporation is a legal person and therefore may be criminally liable, even though it has no physical existence and cannot act or think except through its directors or employees.
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.