This chapter focuses on accessories to a crime or those who assist or encourage another to commit a crime. It discusses the conditions for liability under actus reus and mens rea, and explains that an accessory can be held liable for a crime and given the same punishment as a principal. The chapter explains accessorial liability for offences which go beyond the joint venture and defences to secondary participation, evaluating whether victims can also be considered as accessories. The chapter provides examples of relevant cases including the case of Jogee which, following recommendations for reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.
Chapter
13. Secondary participation: parties to a crime
Chapter
12. Modes of participation in crimes and concurrence of crimes
This chapter examines the commission of crimes. It distinguishes between principals and accessories. It considers a range of ways of being involved in crimes, called ‘modes of participation in crimes’, such as aiding and abetting, ordering or inciting crimes, or being responsible for crimes as a superior. Further, two special doctrines of ‘commission’ have grown up before international tribunals to describe the involvement of leaders as principals in international crimes. These are called joint criminal enterprise and co-perpetration, respectively. Finally, the chapter considers what happens when the one set of facts might satisfy the elements of several different international crimes, giving rise to issues of concurrence of crimes.
Chapter
15. Complicity
This chapter begins with a discussion of the law of complicity, covering principals and accomplices; five ways one can be an accomplice; mens rea for accomplices; secondary participation and inchoate offences; conviction of the secondary party and acquittal of the principal; whether a secondary party can be guilty of a greater offence than the principal; withdrawal by a secondary party; accessories and victims; and assistance after the offence. The second part of the chapter focuses on accessories and the theory of complicity, covering general theories of accessorial liability; theories of accessorial mens rea; the theory of joint enterprise; actus reus issues; withdrawal; and law reform.
Chapter
15. Complicity
This chapter begins with a discussion of the law of complicity, covering principals and accomplices; five ways one can be an accomplice; mens rea for accomplices; secondary participation and inchoate offences; conviction of the secondary party and acquittal of the principal; whether a secondary party can be guilty of a greater offence than the principal; withdrawal by a secondary party; accessories and victims; and assistance after the offence. The second part of the chapter focuses on accessories and the theory of complicity, covering general theories of accessorial liability; theories of accessorial mens rea; the theory of joint enterprise; actus reus issues; withdrawal; and law reform.
Book
Janet Loveless, Mischa Allen, and Caroline Derry
Complete Criminal Law offers a student-centred approach to the criminal law syllabus. Clear explanations of general legal principles are combined with fully integrated extracts from leading cases and a wide range of academic materials. This text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law, offering a complete guide to the LLB/GDL criminal law syllabus with extracts from key cases, academic materials, and explanatory text integrated into a clear narrative. It provides a range of pedagogical features, including concise summaries, diagrams, and examples. Thinking points are included to facilitate and reinforce understanding. Students are referred to the social and moral context of the law, wherever relevant, to encourage them to engage fully with the topical subject matter. This new edition includes coverage of several recent cases of importance including: R v Aidid [2021] (voluntary intoxication), Barton and Booth [2020] (dishonesty), Broughton [2020] and Long, Bowers and Cole [2020] (involuntary manslaughter), Damji [2020] (strict liability: reasonable excuse), Dawson [2021] and Singh [2020] (loss of control), DPP v M [2020] (defence of compulsion), Ivor and Others v R [2021], Lawrance [2020], and Attorney-General’s Reference (Section 36 of the CJA 1972) (No 1 of 2020) [2020] (sexual offences), Lanning and Camille [2021] (joint venture: overwhelming supervening act), Martins [2021] (appropriation in robbery), MS [2021] (proximity in attempt), Pwr v DPP [2022] (strict liability), Thacker and others [2021] (necessity: political protest), Williams (Demario) [2020] (self-defence: defence of property) and the Domestic Abuse Act 2021 (coercive control, strangulation, consent).
